00:00:00:03 - 00:00:21:08 Unknown We're glad you're here with us this evening. We have our air district staff and leadership here to present to you on the situation at Valero Refinery. And we're also here to get your questions and you are speaker if everyone can mute themselves. 00:00:21:19 - 00:00:43:24 Unknown Thank you. So once again, our air district staff and leadership are here to share information with you. We also would like to lay out our process going forward to deal with the situation at Valero Valero refinery and at this time, I'd like to welcome Damian Breen to the stage. 00:00:46:15 - 00:01:07:14 Unknown Thank you, Josh. And good evening and welcome everyone. My name is Damian Breen and I am the deputy executive officer for operations here at the Bay Area Air Quality Management District. At the Air District, we spend a lot of time listening to, partnering with and working for our communities through that work. 00:01:07:19 - 00:01:23:08 Unknown We hear concerns and hopes about how the air district can be more transparent florals and and vigilant in our inspection and investigation and enforcement actions against companies who negatively impact human health and the environment here in the Bay Area. 00:01:24:15 - 00:01:42:12 Unknown People have told us things like we need the air district to crack down on violators. We need more information about what is found in our district investigations, how what you find in your investigations impacts our health and what actions you're taking to stop these companies from polluting. 00:01:43:18 - 00:02:05:08 Unknown And we've been told that we need to hold companies accountable for their actions and to stop allowing them to put profit over people. This feedback and the relationships we have with our communities and the concerns that people are raising about how we do our work is something we take very seriously and that's why we're here tonight. 00:02:06:05 - 00:02:19:12 Unknown We're here to demonstrate to you that we are taking steps to do things differently at the air district. And we are here so that we can meet the call for full transparency as we work to protect our communities. 00:02:20:18 - 00:02:43:00 Unknown
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Transcript
00:00:00:03 - 00:00:21:08
Unknown
We're glad you're here with us this evening. We have our air district
staff and leadership here to present to you on the situation at Valero
Refinery. And we're also here to get your questions and you are speaker
if everyone can mute themselves.
00:00:21:19 - 00:00:43:24
Unknown
Thank you. So once again, our air district staff and leadership are here
to share information with you. We also would like to lay out our process
going forward to deal with the situation at Valero Valero refinery and at
this time, I'd like to welcome Damian Breen to the stage.
00:00:46:15 - 00:01:07:14
Unknown
Thank you, Josh. And good evening and welcome everyone. My name is Damian
Breen and I am the deputy executive officer for operations here at the
Bay Area Air Quality Management District. At the Air District, we spend a
lot of time listening to, partnering with and working for our communities
through that work.
00:01:07:19 - 00:01:23:08
Unknown
We hear concerns and hopes about how the air district can be more
transparent florals and and vigilant in our inspection and investigation
and enforcement actions against companies who negatively impact human
health and the environment here in the Bay Area.
00:01:24:15 - 00:01:42:12
Unknown
People have told us things like we need the air district to crack down on
violators. We need more information about what is found in our district
investigations, how what you find in your investigations impacts our
health and what actions you're taking to stop these companies from
polluting.
00:01:43:18 - 00:02:05:08
Unknown
And we've been told that we need to hold companies accountable for their
actions and to stop allowing them to put profit over people. This
feedback and the relationships we have with our communities and the
concerns that people are raising about how we do our work is something we
take very seriously and that's why we're here tonight.
00:02:06:05 - 00:02:19:12
Unknown
We're here to demonstrate to you that we are taking steps to do things
differently at the air district. And we are here so that we can meet the
call for full transparency as we work to protect our communities.
00:02:20:18 - 00:02:43:00
Unknown
To do this, we are committed to using all of the tools available to the
Air District, which includes bringing cases to the Air District's
independent hearing board, which brings us to the purpose of tonight's
meeting. The Valero Venetia refinery is being taken is being taken to the
hearing board on March 15, 2022, to end a serious emissions
00:02:43:00 - 00:03:05:15
Unknown
violation related to an undisclosed pollution source at that facility. An
air district investigation found an unreported emissions source at Valero
that vented over 10,000 tons of hydrocarbons over several years. And this
release included toxic air pollutants. These emissions exceed air
district's regulatory limits.
00:03:07:00 - 00:03:29:04
Unknown
It's never OK to exceed emissions limits. And it's never OK to hide
emissions. We believe that this community would say the same thing, and
we think it's time we moved on from the old way of doing things through
prolonged negotiations with the members to now taking formal legal action
in a public forum to require abatement of these
00:03:29:04 - 00:03:44:09
Unknown
types of emissions. We'll hopefully tell you more about this case tonight
and answer all of your questions. Getting to this point where we take
Bolero to our hearing board has been a journey of change and learning for
us at the Air District.
00:03:45:12 - 00:04:05:02
Unknown
And we've used our hearing board very few times over the last 20 plus
years, and we think it's time that that changed. Some of this recent
journey has been slow and difficult for us as an organization, but we
believe change takes real effort and commitment to act differently.
00:04:05:24 - 00:04:22:00
Unknown
We've tried working with Valero internally and some progress has been
made on emissions where they have been reduced from this vent, but they
have not been eliminated. We've also had to go back and look at our
internal processes.
00:04:22:12 - 00:04:41:20
Unknown
And while we're grateful to the dedicated air district staff who work
diligently on this case, we could have done better and we should have
done better sooner. Going forward, we are committed to doing better and
to be held to account for our actions in the hope of earning the trust of
our communities.
00:04:44:05 - 00:05:01:24
Unknown
We know we've got work to do, and we are hopeful that doing things
differently will increase our transparency and effectiveness so that we
can better serve and protect you, our community. Tonight, we welcome the
input comments, concerns and questions of all.
00:05:03:07 - 00:05:23:19
Unknown
And I want to thank you for your attention for turning out tonight to be
part of this conversation. And with that, I'll hand you back to Joshua.
Thank you, Damien. So once again, we welcome you to our virtual public
workshop to discuss their district's discovery of excessive emissions
from the Valero refinery.
00:05:24:10 - 00:05:49:05
Unknown
Air District leadership and staff will inform you all of the violation
timelines, the content of emissions proximity and the risk to adjacent
residential communities, as well as our planned actions to remedy the
violations. The goal is to provide community and stakeholders with the
information they need to understand the situation and act as partners in
protecting public health
00:05:50:01 - 00:06:07:16
Unknown
. Our additional goals for this evening's workshop include making the
hearing board process transparent and accessible to community members and
interested parties. And lastly, ensuring that people get answers to the
questions that are most important to them. So again, my name is Joshua
Abraham.
00:06:07:16 - 00:06:30:09
Unknown
I'm with the community engagement office at the Air District, and I'll be
your co facilitator this evening with my colleague Kevin OHP. Kevin. Hey,
folks. My name is Kevin, and I'm looking forward to facilitating this
event with Josh today, and thank you so much for joining us for this
important discussion today.
00:06:34:10 - 00:06:57:11
Unknown
And. I apologize, we're just figuring out the presentation right now.
Before we get started, I just wanted to let everybody know that there are
zoom controls at the bottom of the screen. And so as a reminder, we have
the mute button and thank you all so much for making sure to click the
mute button.
00:06:58:10 - 00:07:18:01
Unknown
We also. We also have this top video function, so you can choose whether
or not to have your video on and this is being recorded. There we go,
thank you so much, and again, if you want to see we have the participants
button so you can see who's joined us today, you can also get the up
arrow
00:07:18:14 - 00:07:32:09
Unknown
, which is right next to that which you can use to rename yourself and
add a group agency or affiliation if you'd like. Also later on during the
question and answer and discussion periods, you can use that up arrow to
raise your hand to indicate that you'd like to ask a question.
00:07:32:20 - 00:07:48:08
Unknown
You can also ask questions or engage in the discussion in the chat
function, so you'll see the little chat box there. If that is distracting
for you, you can click the arrow in the chat to remove it because there
is going to be a lot of discussion happening, but that's available for
participants.
00:07:48:08 - 00:08:07:22
Unknown
Additionally, if you'd like to participate using emojis since we're not
in-person, we can't clap our so emotions. You can use reactions if you'd
like to express emotions during this. Finally, we just want to remind you
that if anybody's having any technical difficulties or challenges, we
have to zoom.
00:08:08:09 - 00:08:24:09
Unknown
We have the number below on this slide 41585214, four or five that you
can call in. Either Lisa or Anna will be available to answer any
questions you have for participating virtually in this meeting. And so
with that, let me pass it back to Josh.
00:08:26:05 - 00:08:44:03
Unknown
Thank you very much. And we can move on to the next slide. Great. OK. So
we really like to make this workshop this evening, serve you all best. So
to that end, we really want to hear from you all at this juncture of the
presentation.
00:08:44:13 - 00:09:01:17
Unknown
We want to know what motivated you to attend this briefing this evening,
and you're free to place your answers and also feel free to introduce
yourself in the chat and maybe get more specific about why you attended
this evening.
00:09:03:03 - 00:09:43:04
Unknown
So again, what motivated you to attend this briefing? We'll be calling
out your answer. Well, you do that. An additional reminder, please
yourself. All right, thank you, Jeff Jeff Ruderman saying he's concerned
about community air pollution. OK, we're lucky to have the Solano County
supervisor from Venetia Monica Brown.
00:09:43:14 - 00:10:24:18
Unknown
Welcome. OK. These are moving pretty fast from the let's see here. Doing
that in New York. Yeah, that seems to be correct. Thank you for moving.
All right. So we have a longtime resident who thinks oil refineries
should be a thing of the past and if not at the very least should be held
accountable for air pollution
00:10:33:19 - 00:11:00:06
Unknown
. And Cathy has joined us. She has a three year old grandson who lives
near a refinery. And she's very concerned about health impacts from the
refinery. In addition, her husband was just diagnosed with stage four
lung cancer. Roger, Welcome.
00:11:00:12 - 00:11:20:00
Unknown
He's a Benicia resident. He has extensive refinery background as a
chemical engineer. He's never worked for or has been associated with
Valero for clarity, either. So I'm sure you all can see this. Maybe call
out a couple more.
00:11:23:19 - 00:11:42:15
Unknown
Apologies can't be it's not your husband that I mentioned with stage four
lung cancer, it's your friend's husband. And Mr. Andre Soto is here, and
he's calling out. It looks like the need to establish funds that are
sufficient to act as a deterrent.
00:11:49:23 - 00:12:27:09
Unknown
So I just want to give you all one more chance to to share with us what
motivated you to attend the briefing this evening? OK, so we have a few
more responses on toggling between screens here. Yeah. Joshua, this is
addressed, and I also put in there that this seems to be a new direction
of enforcement for
00:12:27:09 - 00:12:51:03
Unknown
their district, at least with the Valero refinery. And I'm wondering if
there's implications for enforcement at other inflammatory refineries,
specifically Chevron, but also the fact that the hearing board is being
reconstituted. There is a public see. Tomorrow is the deadline to apply
and whether or not there will be a public member on the hearing board see
for
00:12:51:03 - 00:13:13:02
Unknown
March 15. OK, thank you for sharing that, Andreas. We should have answers
to some of those questions later on in the presentation. I wanted to
welcome Michele. She's here with a noted youth group. New voices are
rising. They represent youth concerned about air quality in the Bay Area.
00:13:20:05 - 00:13:42:19
Unknown
OK, with that, I'd like to just inform you, I just had a high level about
the workshop agenda. So just generally this evening we'll be identifying
topics like we're doing out and identifying burning questions. There will
be a whole portion of our workshop this evening that's dedicated to
sharing information with you all and answering your questions.
00:13:43:14 - 00:14:04:22
Unknown
And then one key part of this workshop is sharing with you all the
process of the hearing board where this case is headed. And then we'll be
closing with next steps and you'll be hearing around that time. Once
again, we'd appreciate you all muting yourself during the workshop this
evening.
00:14:08:05 - 00:14:28:22
Unknown
All right. So at this stage, we again want to hear from you. We're going
to launch a Zoom poll just to gauge what's most important for you. And
then we're set and ready to be agile just based on the responses so we
can customize the workshop for the attendees this evening.
00:14:29:11 - 00:14:53:13
Unknown
So my colleague Lisa will launch a poll at this time. So here we go, we
have the poll. What is most important for you in terms of an agenda item
this evening? So if you could pick one right and you have your choices
before you.
00:14:54:15 - 00:15:15:03
Unknown
What is the most important agenda item? Would that be sharing information
about the background of the enforcement case? Would you like to hear us
talk about the hearing board process? We have folks on staff ready to
talk about the health risk assessment.
00:15:17:22 - 00:15:36:02
Unknown
Is the most important for you, just to ensure people get answers to all
of their questions. Or should we identify important community issues and
concerns, and of course, there's some overlap with some of these themes.
But if you could pick one, please participate in the poll.
00:15:50:00 - 00:16:07:24
Unknown
OK, looks like we have a little bit less than 100 participants because
obviously we have our stuff on, but right now we have 30 responses, so
we'll give a little bit more time for folks to participate. And please
participate, we really want to customize the presentation workshop for
your needs this evening.
00:16:19:11 - 00:16:51:09
Unknown
OK, you guys are listening jumped up to about 50 there, so. Continue to
give you give you more time. So I'll do. Let's see. Hard to choose, I'm
going to want to hear about most of these. All of the above.
00:16:51:10 - 00:17:07:24
Unknown
We're getting some feedback here. So again, we're prepared to touch on
all of these. We just wanted to see which issues rise to the top and
we'll share the results pretty soon. So just, you know, if you have one
that you selected that doesn't rise to the top, it doesn't mean we're not
going to touch on it
00:17:08:20 - 00:17:23:10
Unknown
. We're just trying to figure out what we're going to lead with in the
next portion of the agenda. That's all. Excuse me. So let me check with
my colleagues, it looks like we're going to close it down there.
00:17:23:17 - 00:17:43:09
Unknown
Yeah, it looks like we had a. The point there where we weren't getting
any more responses. So here are the results of the poll. So identifying
important community issues and concerns takes the lead. But what's
interesting to me is it's like an even distribution.
00:17:44:13 - 00:18:04:19
Unknown
So all of these issues are important to you all. Sharing information
about the background of the enforcement case looks like something we
should touch on. And then, of course, talking about the hearing board
process and making that transparent and also accessible so you all can
participate at that juncture of the process as well.
00:18:06:20 - 00:18:24:07
Unknown
All right. Great, so we will close the poll. And at this point, I like to
pass it to my co facilitator, Kevin Hope, and he is going to lead you
through an introduction of the air district staff and leadership in the
room with you this evening.
00:18:25:06 - 00:18:38:24
Unknown
Kevin anX, Josh and again, thank you all this evening for taking time out
of your busy lives to join us for this important discussion. Before we
move into the agenda, we wanted to take the opportunity, though, to
introduce our staff to you.
00:18:38:24 - 00:18:50:21
Unknown
So you're familiar with our faces as you're asking questions and engaging
with us in discussion. And so we're just going to quickly go through,
introduce the folks they'll be meeting in our breakout rooms and in our
discussions today.
00:18:51:06 - 00:19:07:16
Unknown
one at a time. So first, I'm going to pass it back to my co facilitator,
Josh Abraham to introduce themselves. You all know by now, Joshua Abraham
with the Community Engagement Office, of course, facilitating this, you
may. Thank you so much, Josh.
00:19:07:23 - 00:19:32:18
Unknown
And next, we have as a book, a cover. Hello, this is Isaac book it covers
special projects adviser, thanks. Thanks us. And then next, we have Carol
Allen. Hi, this is Carol Allen. I'm a manager in the engineering division
here to help answer questions about health risk assessments.
00:19:34:02 - 00:19:50:03
Unknown
Thanks, Carol. And next, we have Jerry Adobe. Hi, I'm durably I'm the
manager of the sauce test section in the meteorology and measurement
department. I'm here to answer questions regarding measurement and
monitoring both inside and outside the refinery.
00:19:51:01 - 00:20:09:18
Unknown
Thanks, Gerri. And next, we have Damian bring. I'm Damian, I met you
earlier. I'm in charge of our operations group here at the Air District
and that includes our enforcement and engineering teams. Thanks, Damian.
And next, we have Chris Crowley, everyone, my name's Chris Crowley.
00:20:09:19 - 00:20:29:13
Unknown
I'm a principal air quality specialist in compliance and enforcement
division, and I was also part of the investigation team related to this.
This violation? Thanks, Chris. And next, we have Dr. Judith Catena.
Everyone, I'm the health officer for the district.
00:20:31:00 - 00:20:47:19
Unknown
Thanks, Judy. And next, we have the Air District Pollution Control
Officer Jack Broadbent. Good evening, this is Jack Broadband, I serve as
the executive officer for the Bay Area Air Quality Management District.
I'm glad you can be here.
00:20:49:08 - 00:21:10:00
Unknown
Thanks, Jack. And then next, we have Veronica Eady. Hi, good evening, I'm
Veronica itI, I am one of the deputy executive officers, I oversee all of
our policy work, our equity work, and that includes environmental justice
and thank you so much.
00:21:10:00 - 00:21:20:08
Unknown
I should have said something, but can we start screen sharing just so you
can see all of our faces real quick for this portion of the agenda and
the next person we want to introduce you to is Lisa Flores.
00:21:21:05 - 00:21:34:00
Unknown
I everyone. My name's Lisa Flores. I'm part of a community engagement
office and I'll be providing support for this meeting. Thank you so much,
Lisa, for all of your support tonight. And then next, we have Ed
Giacometti. Hello, everyone.
00:21:34:00 - 00:21:48:07
Unknown
Good evening. My name is ED Committee. I'm a manager with the compliance
and enforcement division, and I was also involved in the investigation.
And I'm here to speak to you about the enforcement timeline and the
investigation. Thanks, Ed, and then next, we have Anna Lee.
00:21:50:08 - 00:22:10:10
Unknown
If evening, everybody, I'm in the community engagement office, I'm here
to help support this meeting to get you all the information you need. All
right, then we have Pam Leon. Hi. Hi, I'm Pamela Young. I'm the director
of engineering and I'm helped to here to help you explain the health risk
assessments as well.
00:22:10:11 - 00:22:28:20
Unknown
Thank you. All right, and then we have a similar piece of body. Every
evening, everyone and welcome my name is my piece of party, I'm the
environmental justice and community engagement officer for the Air
District. Thanks to him and then we have Christine Resilience.
00:22:30:02 - 00:22:51:05
Unknown
I'm Christine Rossello, some the communications director for the air
district, and I'm here to assist any media with follow up interviews.
Thank you. All right, and then finally, we have Joel Freed. Good evening,
everyone. I'm Joel Friedman, assistant counsel to in the legal division,
and I'm the lead attorney enforcing this Valero hydrogen vent case.
00:22:51:23 - 00:23:12:10
Unknown
Thank you. Thanks, Joel. And then we have a Don Schwartz. And I think you
might hear from Adobe later tonight, and I wanted to introduce myself.
You've heard from me already, but my name is Kevin and I am a special
adviser for the air district.
00:23:12:10 - 00:23:22:02
Unknown
And so happy to be joining you all this evening. So I'm going to pass it
back to Josh and we'll go ahead and jump into our agenda for this
evening. And let's go ahead and pull the slides back up.
00:23:25:08 - 00:23:38:01
Unknown
Thank you, Kevin, and thanks for catching that, that we were screen
sharing when we were doing staff introductions. I appreciate you
recognizing that. It looks like someone called it out in the chat as
well. So thank you, Marilyn.
00:23:39:02 - 00:23:55:14
Unknown
All right. So we've been doing this for about two years now. You are
these virtual meetings. So this is just, you know, our standard virtual
participation principles here listed before you. one person speaks at a
time. Try to stick to that.
00:23:56:12 - 00:24:14:02
Unknown
Be respectful of one another's opinions. Please mute yourself when you're
not speaking. Share video if you like so we can say visually connect it.
And as you've already come to know, technology happens. So please be
flexible and patient.
00:24:16:10 - 00:24:38:14
Unknown
Next slide, please. So, as you know, the discussions that were set to
have this evening, you know, there are lots of concerns. There's
questions about the situation of Valero. There is questions pointed out
the air district as well, and we know people feel passionately about
these issues of air quality and public health.
00:24:39:16 - 00:24:58:05
Unknown
We want you to know that once the briefing is done, we want the
conversation to continue, right? We want you to continue talking to each
other and we want to open up channels of communications. So you can also
connect with the air district staff and leadership so you can see us as
good partners in the conversation.
00:24:59:20 - 00:25:15:10
Unknown
So at this stage in the workshop, let's come up with a couple of
agreements or call it a checklist and we'll put it in place so we can
make sure that we abide by the principles and make this a fruitful
workshop for all.
00:25:15:22 - 00:25:37:14
Unknown
So another question to the group. What do you need to participate in
today's briefing? So what do you need from air district staff? What do
you need from myself as a facilitator? What do you need from your fellow
participants?
00:25:39:14 - 00:26:01:20
Unknown
What do you need to participate in the best way in this evening's
briefing? So you can place your ideas in the chart, and we'll also have a
note taker putting your responses in a jam board format. All right, thank
you, Constance.
00:26:14:07 - 00:26:47:03
Unknown
And Marilyn's asking, can we raise our hands and be recognized, there'll
be a portion for that. Definitely. Andrea's straight talk. Plain talk.
Context. And this is the GM board I was referring to, we have the sticky
notes. We're also recording all of your responses not only for this
evening, but for future reference.
00:26:52:08 - 00:27:22:22
Unknown
So tell us what you do exactly on Wikipedia. All I see is spare the air
days. We'll have our leadership give you a synopsis of what the air
district does and what we're responsible for. 20 questions there from
Joe.
00:27:35:24 - 00:27:49:11
Unknown
So again, what do you need to participate in the best way this evening?
During the workshop and briefing, what do you need from the facilitation
team? We're hearing about what you all need from the air district staff
and leadership.
00:27:51:07 - 00:28:30:22
Unknown
Is there something that you would need from the audience? You're your
fellow participants. And it looks like she wants to just jump on me, we
got a few responses coming in at the same time here. So Pat wants to know
what chemicals are being released when they happen to protect ourselves
and family members.
00:28:38:09 - 00:29:12:20
Unknown
OK, let's keep those coming in, and just in case folks came in a little
bit late. We will. Senior. Full transparency. Thank you. OK, with that,
let's switch back to our slide decks, you are and our no taker batteries
can continue taking notes and placing your responses in the gym board.
00:29:12:21 - 00:29:31:11
Unknown
No problem. But let's move on to the next slide and go over the agenda.
So for you all who came in late and didn't hear me, just give a brief
overview of the workshop agenda this evening. You know, we've been
through portion number one, portion number two of the poll results.
00:29:31:19 - 00:29:51:12
Unknown
Now we're starting, we'll start heading into the presentation and
discussion section where you'll be able to speak. Raise your hand and
whatnot. And then we'll also talk about understanding the hearing board
process. We have folks from our legal staff to explain that, and then
we'll be moving on to hear from our leadership about next steps.
00:29:54:04 - 00:30:12:14
Unknown
OK. And again, Marilyn and others, we're continuing to record your
responses in the jam board and we'll be referencing those in the future.
So at this time, we like to pass it to our executives. We have Veronica
Eddy, who you met during the introductions and also Damian Breen, who you
heard from earlier.
00:30:13:02 - 00:30:27:15
Unknown
Veronica, thanks, Josh. So I don't want to take up too much of your time.
Damian is going to share with you a lot of the information that you came
here tonight for. I do want to thank you for being here.
00:30:28:17 - 00:30:49:02
Unknown
You've heard us already say that, oh, we're doing things differently now
and we're going to use our hearing board. And, you know, it's a new day
and it really is. And I just want to underscore that you all you know,
we're public servants and we work for the public, we work for you.
00:30:49:03 - 00:31:15:07
Unknown
And so this Valero enforcement action is kind of pivotal for us as an
agency. Part of us doing things differently was in creating the position
that I'm in. I've been at the air district for about a year and a half,
and the agency saw that equity was important enough to have an executive
that oversees equity.
00:31:15:22 - 00:31:36:05
Unknown
Another thing that we did was we created the environmental justice
position, the environmental justice officer. So a piece of party whom
we've heard from both. So many come from public interest and
environmental justice background. And we were brought on really to help
guide the agency as it instituted systemic change.
00:31:36:05 - 00:31:47:23
Unknown
And so I just want to assure you of that. And then the final thing that
I'll mention is that many of you may know that we're hiring a new
district council to lead our legal work at the air district.
00:31:48:11 - 00:32:11:12
Unknown
All of these positions together are incredibly important to changing the
way that we do things, to creating more transparency, to listening and
following the direction of communities and learning from your lived
experiences. So I just want to thank you for these few minutes to talk
about that and again, say, you know, we're here to double down on
00:32:11:12 - 00:32:27:19
Unknown
transparency and accountability. And so I appreciate all of you who came
out here. Some of you who I know personally, some of you who I know by
your reputation, we really appreciate your time here. So I'll end it
there so that Damien can get to the information that you're really
interested in.
00:32:29:20 - 00:32:56:11
Unknown
Thank you, Veronica. Damien, bring. OK, so we have one quick question
before I start down the pathway here about the actual case that we're
discussing tonight. Who is their district and what do we do? So
principally, the Bay Area Air Quality Management District is the agency
that serves to regulate stationary sources of air pollution in the nine
00:32:56:11 - 00:33:13:03
Unknown
counties that surround the Bay Area. That means that we regulate sources
of pollution as small as a dry cleaner or a gas station right up to the
five largest refinery, some of the some of the largest refineries
actually in California.
00:33:15:02 - 00:33:41:09
Unknown
We focus on providing clean air to the region. We also are involved in
ensuring that we have healthy local communities and that we're taking
action to reduce emissions to protect global climate. This requires us to
adopt plans to to show how much of these emissions we reduce so that we
can get to that healthy levels and that
00:33:41:09 - 00:34:06:08
Unknown
we can meet our climate goals. And those plans that lead us to
regulations which translate into permits at the 11,000 facilities we now
regulate a lot of our staff time is spent in monitoring those facilities
and having our inspectors go and visit them to make sure they're
complying with the requirements of our rules and then having our
00:34:06:08 - 00:34:28:16
Unknown
engineering teams making sure that we understand the processes that those
facilities. On top of that, we also try to encourage our residents and
our businesses to take voluntary actions to reduce their emissions.
Someone had mentioned this bear, the R program that's probably one of our
most famous voluntary action programs.
00:34:28:16 - 00:34:48:21
Unknown
And there we are, trying to get people to change how they commute and how
they actually contribute to their personal emissions in the region. And
we also have some grants and other things that that are targeted at
teaming up mobile sources, an area where we don't have authority.
00:34:49:08 - 00:35:11:13
Unknown
And Veronica spoke to you about also kind of the newer parts of our
program, which include our focus on communities. And they're we're
looking to work with those communities that are most impacted by air
pollution to get plans in place for them so that we can help those
communities have access to clean air.
00:35:13:00 - 00:35:32:21
Unknown
So hopefully that answers your question and with your permission, then
I'd like to briefly walk you through the enforcement case timeline and
current status of the emissions venting case at Valero. So tonight I'm
going to give you a brief overview of the refinery.
00:35:33:14 - 00:35:53:24
Unknown
Talk about the emissions violation itself and talk about the
investigation as some of the remediation that's already happened and then
the current status of emissions from the vents at the facility. Next
slide, please. So the Valero refinery itself was built in 1969.
00:35:54:16 - 00:36:12:03
Unknown
It's an integrated facility, which means that the process units flow into
one another and cannot easily be taken down to make repairs without
taking the whole facility down. The facility itself is quite large. It
processes about 165,000 barrels of crude oil a day.
00:36:12:09 - 00:36:31:13
Unknown
That's around 7 million gallons of crude oil per day, and the site itself
is sprawling and contains storage tanks, emission sources, abatement
devices and emissions points. Some of the abatement devices that are
visible to folks, I think, are the three flares at the facility.
00:36:31:24 - 00:37:01:15
Unknown
And then there's a spaghetti or forest of thousands of valves, flanges,
pumps and connectors, all of which have requirements under Air District
regulations relative to their emissions. Next slide, please. So in terms
of what we're talking about, and if you take a look at the photograph
here on your left, that very skinny pipe is where we discovered
00:37:01:15 - 00:37:25:08
Unknown
these emissions. And then you can see on the other side of the photograph
its relation to the community and where it is in the facility itself.
Next slide, please. So as far as the air district can determine, we
believe that this emissions point, maybe maybe it may have been in you.
00:37:25:08 - 00:37:52:03
Unknown
Sorry, pardon me. As far back as 2000, when Valero acquired this facility
and we know that Valero was doing sampling at this facility for its own
processes and the production of olive oil as far back as 2003. The
emissions from this particular event are in excess of the limits that are
in Regulation April, to which only allows
00:37:52:03 - 00:38:15:01
Unknown
£15 of emissions from any single source in a given day. Based on our
calculations here, this particular source was admitting at over £4,000
per day. And in terms of the overall emissions from this source, based on
the samples that were taken by Valero and the Air District and our
estimates, we think that there was over 10,000 tons
00:38:15:01 - 00:38:41:08
Unknown
of hydrocarbon emissions from this vent and that included some toxic air
contaminants. Next slide, please. So how do we happen upon this
particular event in December of 2018, we had another facility report to
us about a venting of emissions from a process that they normally have
controlled.
00:38:42:02 - 00:39:04:19
Unknown
When we discovered that, we decided to look at all of our five facilities
to make sure this type of venting wasn't occurring in a manner that was
not being reported to the Air District based on our investigation in
March of 2019 issued a notice of violation to Valero for an emissions
point where they were not reporting to
00:39:04:19 - 00:39:29:09
Unknown
us. Valero at that point Did volunteered to institute an engineering fix
to mitigate those emissions. And by October of 2019, that fix went into
place. It was hoped at that time that this would cure the violation. But
as the Air District and Valero continue to monitor this particular
emissions point, it became clear by May of 2020 that
00:39:29:09 - 00:39:47:22
Unknown
while the emissions were mitigated during normal operations and they
continued during startup shutdowns and malfunctions between May of 2020
and the present, the Air District has been working with Valero to
evaluate a number of engineering solutions to prevent all emissions from
this point.
00:39:47:22 - 00:40:08:15
Unknown
But at this point, we have not gotten any satisfactory explanation from
the facility on how they plan to end these emissions. So with that
particular backdrop, the Air District has chosen to take this facility to
our hearing board to get the stipulated order.
00:40:09:05 - 00:40:33:09
Unknown
Next slide, please. So the current status is that some of the
hydrocarbons have been reduced, fairly substantial emissions reduction.
And as I mentioned earlier, we're seeing only emissions from start up
shot down a function that that continued to exceed our standards.
00:40:34:20 - 00:40:50:21
Unknown
And while the emissions have been reduced, our models still show that
they exceed the limits that the air district's board of directors has
deemed to be have deemed to be healthy for facilities, and that means
that they need to control.
00:40:51:19 - 00:41:14:13
Unknown
And next slide, please. So on March 15, 2020, the Air District is going
to take a two hour hearing board to request the stipulated order of
abatement. And this order of abatement addresses the emissions violation.
It covers additional reporting and permitting issues.
00:41:17:17 - 00:41:35:17
Unknown
Additional permitting and other issues are still being investigated, and
this particular action is targeted at reducing the emissions portion of
the violation on the order itself requires cleanup to be as soon as
feasible, but no later than the next refinery turnaround.
00:41:36:03 - 00:41:59:08
Unknown
Now, I explained earlier about some of the difficulties in effecting
repairs at this facility because of its integrated nature. But any
equipment that's installed will require an air district permit, and there
may also be requirements for that equipment to get a sequel and building
permits from the city of Benicia.
00:42:00:09 - 00:42:20:16
Unknown
In the interim, we are also requiring that this facility continue to
monitor emissions from the cement so that in my brief presentation, and
I'll hand it back to a judge. Thank you, Damien. We're hoping that
presentation stimulated a lot of questions for you all in the audience.
00:42:21:14 - 00:42:33:02
Unknown
Now we're going to move quickly to the next portion of our workshop. We
really want to hear from you. For folks in the chat who were wondering
when you'll be able to actually speak on mute, raise your hand, et
cetera.
00:42:33:11 - 00:42:54:00
Unknown
That is the next question to increase participation from so many
participants on the call this evening. We really want to break you up
into groups in those groups that will have a minimal presence from our
district staff because we don't want to take up space in those rooms
while you all are talking about your top burning questions
00:42:54:11 - 00:43:11:06
Unknown
. We want you all to discuss those burning questions that you may have
after hearing the presentation or having your own background coming into
this meeting, and then we'll bring you back to share. OK, so I think our
colleagues have already prepared these breakouts.
00:43:12:03 - 00:43:29:17
Unknown
They're somewhat random. So let's go ahead and move to that portion of
the meeting. All right, so at this moment, you all are being assigned
real time to breakout rooms. Looks like your time will come. We're in the
process right now of organizing these breakout rooms for discussion.
00:43:31:00 - 00:43:45:21
Unknown
Josh should choose members of staff go out as well. I think Kevin's
engineered this, so there's a large portion of our district staff that
are held back. OK, so this was not to crowd those rooms. Thank you.
Absolutely.
00:43:47:05 - 00:43:58:20
Unknown
Because we had a large number, I just sent everybody to the rooms. We
have over 100 people, so we're not going to crowd people. So I think
we're good. OK. So I'll certainly be hanging back myself in the room.
00:43:59:07 - 00:44:24:13
Unknown
Me too. If it were over 100 in the main room now, so. Let's move along.
So you're I'm having trouble with my zone, so you're. Oh, here we go.
Sorry about that, I was having trouble bringing my Zoom back up with all
these windows on my screen.
00:44:25:06 - 00:44:49:06
Unknown
So we're hoping that the breakout rooms were fruitful in terms of
discussion, figuring out what, you know, the burning topics, the burning
issues and questions that you want to present to our staff and leadership
today. And we want to hear from you all now is the time where you can
raise your hand and you can harm yourself
00:44:49:18 - 00:45:07:11
Unknown
. And we can start talking about the burning questions that came up in
your in your break up. Anyone brave enough to kick us off, we want to
know how the break went in general, what stood out for you, what felt
challenging?
00:45:09:09 - 00:45:27:03
Unknown
You're also free to put any responses in the chat as well. Those will be
recorded. Anyway. OK. Looks like we have an address these are in
chronological order here, so it looks like undressing you raise your hand
first.
00:45:27:04 - 00:45:45:10
Unknown
Go ahead. Yeah, thank you, Joshua. It felt a little bit rushed. It seemed
like just as we were getting into it, you know, it planned came to an
end. That's always a challenge with this format. But, you know, we had a
variety of questions.
00:45:45:10 - 00:46:06:02
Unknown
Each person had their own take on things, but it was mostly, you know,
why did this go on for so long? Why were we not informed? Why are we just
being told now we're being should be represented? Because many of us here
on this call are Benatia residents, and we don't trust Valero now.
00:46:06:07 - 00:46:23:15
Unknown
And you know, we're trying to see a change in their district. And yet
this is like way ex post facto. So but the I think the moderator took
notes. Excellent, and we're getting some feedback here in the chat that
some people may rather hear from the moderator.
00:46:23:15 - 00:46:38:01
Unknown
So aside from you, Andre, we have a few hands up. If those of you who
have your hand up, if you'd rather hear from the moderator, maybe
consider taking your hand down. But since I offered that in the
beginning, I'm still going to.
00:46:38:22 - 00:46:49:02
Unknown
It looks like at least one person dead, so I'm going to go ahead and move
the patent. After we get through these first few hands, we'll move on to
the moderation team. It looks like another person put their hand down.
00:46:49:03 - 00:47:07:14
Unknown
Go ahead, pat. Yeah, I just I hadn't finished what I was saying, but in
my breakout room when I was pretty much cut off. But what I was just
trying to say in our breakout room is that when accidents happen in
Benicia, we are never told about it in a timely manner where we can
protect ourselves.
00:47:08:10 - 00:47:24:16
Unknown
You know, I mentioned the petcoke malfunction where we didn't even know
what chemicals were released through the whole period and we had to we
had the fenceline monitor at Valero did not work during that period.
Multiple times we went on there and it was not registering anything.
00:47:25:00 - 00:47:45:17
Unknown
The fire department in our town, which monitors all of this, gave us no
chemical numbers or even told us what was released. They just said it's
safe to go out or not. That doesn't work for people that are right next
to the refinery, where they're waking up with black powder on all of
their cars and the kids
00:47:45:17 - 00:48:01:08
Unknown
are going to school. The pets are out there breathing this black stuff
that's accumulating everywhere, and we're just not knowing anything. So
that is that is our problem basically is we do not know what's happening
when it's happening and we're just breathing it.
00:48:01:08 - 00:48:20:07
Unknown
The kids are breathing it and it's just wrong, frankly. So that's that's
my question is how are you going to keep us safe? Make sure Valero's
monitors are working and finally put in one air monitor, which I guess
Kathy mentioned that's finally going in with the Valero money.
00:48:20:07 - 00:48:36:03
Unknown
But we have not gotten a community monitor from you guys, so please make
that happen. Thank you. Thank you. And also, Andreas, I'm glad that we
have this portion of time to speak to you before we move on to the
moderators.
00:48:36:03 - 00:48:50:15
Unknown
Because as you mentioned, Andre, we are limited in this virtual space,
things feeling short and actually cut off in Pat's case, right? She
sounds like she was making a point in mid-sentence, perhaps when we
return from the breakout room.
00:48:50:15 - 00:49:05:13
Unknown
So I'm glad we have this. This time it looks like Marilyn still has her
memories. And Kathy, if you don't mind waiting for your comment until
after we move to the moderators, that would be appreciated. Okay,
Marilyn, thank you.
00:49:06:13 - 00:49:33:19
Unknown
Thank you. I'm. Interested in the fact that apparently vacuumed. Whoever
does visit the refinery on occasions, I assume, has not noticed that
there is visible venting from that one stack that now your workshop has
identified. Which will be identified apparently at the hearing board.
00:49:35:05 - 00:49:55:02
Unknown
So you work at a distance. I have to assume you work at a distance
because that wasn't cut. And then Valero's report that this was made
brought to their attention by another refinery, and therefore they went
and checked and said, Oh goodness, I guess we've got a problem.
00:49:55:19 - 00:50:25:08
Unknown
This is incredible, especially with red twelve. Rule 15. Where we've had
no action since 2019 to verify that those those fenceline monitors are,
in fact they're giving us verifiable data that's not right from a
regulatory perspective. I am very I know monitoring is not the same thing
as getting rid of the emissions source, you know, going back
00:50:25:08 - 00:50:46:00
Unknown
to the source and doing a real route case analysis of the problem. But
for the community, those monitoring systems were meant to give us a sense
that we could trust what was being said. And now I want to know when our
city knew about this.
00:50:46:21 - 00:51:03:01
Unknown
I want to know how the Air District has communicated about this. The
process of the abatement order to our community because we are trusting
our fire department as a liaison with the refinery. We do not have an
industrial safety ordinance.
00:51:03:08 - 00:51:26:13
Unknown
We are very concerned that such a problem could go on. I commented in
2003 on the Valero V.I.P. I have been active for 20 years on this, and I
knew that monitoring was very important for community trust. It doesn't
prevent emissions, but it lets us know what's going on when you can't
trust the monitoring system, then you're
00:51:26:14 - 00:51:45:19
Unknown
in deep doo-doo as a community. So I want to know what's going to happen
with Greg Rule. Rig twelve, Rule 15 and how you're going to identify that
problem. Great. Thank you, Marilyn. You're sorry, I am Adam. I am really
up to hear this.
00:51:46:10 - 00:52:00:07
Unknown
We hear you. We feel you. And rightfully so. We're taking notes of your
important points that you've made. So we have professionals from the Air
District ready to address some of your concerns and questions before we
do that.
00:52:00:16 - 00:52:32:03
Unknown
Marilyn, we're going to move to the moderators of those breakout groups,
and I want to thank you for sharing. Marilyn, thank you. So let's move on
to the the first moderator. Anna? Yeah, sorry. I wanted to screen share,
because even though we prioritized, I wanted the audience to see all the
questions that came up in our group
00:52:33:13 - 00:52:53:15
Unknown
. So in pink, we're the ones that we prioritize, though. And I think the
themes were around timeline. So did the violations start in 2000 and was
Valera aware in 2003? Why did it take three years to to find out?
00:52:54:17 - 00:53:12:20
Unknown
Why are they only finding out recently for that miss typing? We had
another theme around finds. What are they set out and why aren't they
hired to help deter the violation in the first place? What what about
criminal and monetary fines?
00:53:14:16 - 00:53:33:09
Unknown
And then there was another theme rising to the top around health and
health impacts, so is there going to be a health study to evaluate the
impacts on the community? What chemicals were emitted? What quantities
were these emitted all the time or just during turnarounds at the
refinery?
00:53:34:11 - 00:53:50:14
Unknown
And you'll see the other ones that didn't rise to the top but are still
important around potential prosecution? Fenceline monitoring, which I
think Marilyn spoke to very eloquently and then about human rights. Can
this be a human rights case?
00:53:53:21 - 00:54:20:04
Unknown
Excellent. Thank you, Anna. So at this time, I'll call the moderator
number two. Thank you, George. See the top five questions for my group.
Go ahead, I'm sure my screen here we had why did it take so long to for
this to be discovered?
00:54:21:09 - 00:54:45:04
Unknown
Are the air district monitors sufficient for what needs to do? We also
had a comment regarding the execution of the fence system and how it has
shown. What I have shown, as well as strong sentiments about it not being
addressed properly.
00:54:46:12 - 00:55:11:19
Unknown
We also have another comment in regards to if the hearing board would be
publicly available so someone can share that link in the chat for
everyone. That'd be great. We also had another question regarding the
investigation and how it would be handled differently.
00:55:12:01 - 00:55:34:06
Unknown
For example, if the Air District would give or or not give the city
notice, the individual did understand why the city wasn't given a notice.
And we have our final question, which was where just lot £15 a day of a
mission come from.
00:55:34:07 - 00:56:04:08
Unknown
Why are the polluters charged with disclosing their emissions? Thank you,
Lisa. Thanks for sharing that, and we have another breakout room
moderator ready to share. Yes. Yeah, just want to just say apologize to
to Pat having to cut you off while you were making your comment.
00:56:04:22 - 00:56:26:22
Unknown
But I'm really glad that several of the folks that were my group were
able to expand a little bit on on their questions and concerns. But I'll
go ahead and share my screen and show. The tough questions that we were
able to and that there is a theme around the community needing to be able
to trust the
00:56:26:22 - 00:56:49:16
Unknown
air district, the data it's collecting and its enforcement capabilities.
There's a question is why it took so long for the air district to
discover the the emissions. And I think under the covered. There was also
a question about how does Venetia get a seat at the table when decisions
are being made?
00:56:52:18 - 00:57:17:11
Unknown
And then there was one other question about violations and why Valero has
not had to pay either the full amount or or the violation at all in the
past. Those were the main questions from our group. Thank you in this.
00:57:18:08 - 00:57:31:15
Unknown
All right, so once again, I just want to thank Kathy for holding off on
her question, but I see she was able to place one of her concerns in that
shot. So I just want to direct the Air District professional staff to
that.
00:57:32:23 - 00:57:49:12
Unknown
It looks like something we can address later on. All right. So at this
point. Actually, Kathy, why don't you go ahead and meet yourself? OK,
well, I did have a concern like Marilyn about the fenceline monitoring,
and as far as I know, there's never been a quality assurance plan.
00:57:49:21 - 00:58:04:24
Unknown
I also just wanted to take this opportunity because Pat brought this up.
That Benicia Community Air Monitoring Program is has a community air
monitoring system that is now up and running, and we are going to have a
webinar to discuss this system.
00:58:05:09 - 00:58:20:18
Unknown
And we have a website we do 24-7 air monitoring. It's quality checked all
the time, and I will put the link to that again. But I think this is a
very important thing for people in the community to know about that.
00:58:20:18 - 00:58:36:11
Unknown
There is going to be a community air monitoring system. It's running now.
And please check it out and I'll put the link to the webinar and the chat
again. Thanks. Thank you. Thank you. All right. So, Cathy, if you don't
mind lowering your hands or so.
00:58:36:13 - 00:58:57:16
Unknown
No, that's fine. But we really appreciate your comments in the chat and
on the mic at this point, I want to call Alisa. I think Lisa is going to
create another poll. Yes, I can go ahead and share that right now.
00:58:58:03 - 00:59:13:23
Unknown
Take your time with that, Lisa. Just wanted to communicate with the
audience members. We're really striving to customize this presentation to
meet your needs. Another way we intend to do that is just get feedback
from you at various junctures in the workshop.
00:59:13:24 - 00:59:47:12
Unknown
So this is one of those times. OK, so we're asking you to rate your
topics here. If you could choose a first choice or second choice, you
know the options are before you. So our staff and leadership were
prepared to talk about enforcement topics, ignition topics, timeline
related issues or on discovery and how things will be corrected
00:59:48:04 - 01:00:42:20
Unknown
. And lastly, next steps. And you should be able to see those results
populated in real time. So as long as we are seeing momentum around these
choices, we're going to allow the poll to continue. And it looks like
right now we're seeing some separation in terms of priorities, issues.
01:00:43:12 - 01:01:16:24
Unknown
So that's good. And at the same time, we kind of see, you know, a
constant rate of change in terms of participants. So we're going to let
this go on for a little while longer. Also want to remind folks who are
participating in the poll just because your topic of interest is not
rising to the top in
01:01:16:24 - 01:01:36:12
Unknown
terms of first or second or tertiary choice, it doesn't mean we won't
touch on those questions in those topics. By the time the evening's over.
OK, so if I can get a message from one of my colleagues on the back
channel about the rate of change.
01:01:39:19 - 01:01:58:03
Unknown
And it looks like, Constance, you're saying you don't see any results
right now. I'm not sure why that is. I would tend to think most people
see the poll in front of them. But since you don't see it, Constance, let
me just share with you what I see at this at this juncture.
01:01:59:09 - 01:02:18:18
Unknown
Oh, it just came up for you. OK. Well, just in case there were others
like you right now, the first choice in terms of the topic that's most
important would be it's a tie, right? Not between enforcement in
admissions and they go hand in hand.
01:02:18:18 - 01:02:40:24
Unknown
So there's no surprise there. second choice looks like emissions are are
in the lead there, along with discovery and timeline, which we heard in
the breakout rooms third choice. Also discovery. But all the topics have
votes at this point.
01:02:43:22 - 01:03:00:04
Unknown
All right. And it looks like we have some settling in terms of our rate
of change. We're going to go ahead and close the poll at this time. So
based on our results, we know how we're going to inform this next portion
of the agenda.
01:03:00:20 - 01:03:23:11
Unknown
So I'll pass it to my colleague. Kevin? All right, folks, so at this
point, we're going to be entering into breakout groups where we're going
to be answering these questions, and so you're going to see the option
for four different breakout groups.
01:03:24:11 - 01:03:41:05
Unknown
two of them are going to be related to the issues around emissions and
health. And so you can click on those and that's what you want to hear
more about. two of them will be related to enforcement. And so the
questions about discovery, about remedies and about how quickly this
issue will be resolved will be discussed in
01:03:41:05 - 01:03:54:16
Unknown
those. So you'll notice that these are forums with two topics. We did
that because we wanted to have smaller rooms so there can be more
intimate discussions where experts from the air district will be in each
of these rooms to answer your questions.
01:03:55:00 - 01:04:12:15
Unknown
So once the breakout rooms are open, go and select your room and then
we'll get started about 60 seconds after everybody is enjoying the rooms.
So I'm going to go ahead and open those options for you now. And we'll go
ahead and everybody can choose their room of choice.
01:04:14:07 - 01:04:27:23
Unknown
So again, I'm still seeing folks transition, we're just going to wait
maybe about 20 more seconds until everyone's in this main room, and then
we're going to resume their question and answer format with the larger
group about questions both related to admissions and enforcement.
01:04:33:06 - 01:04:50:04
Unknown
And so at this point, I just want to ask if anybody didn't feel like they
had a question answered, do they still have a question they'd like to
pose to either our engineers or our enforcement team? Please feel free to
raise your hand, and we're just going to give a couple of seconds for the
queue to fill
01:04:50:04 - 01:05:09:07
Unknown
up. Kevin, I want to acknowledge that I was midway through answering a
question for Stephen and we got cut off, so I'd like to at least give him
the opportunity to ask those questions. And I think some of the questions
that he had that we could ask through the general forum to for everybody
to hear.
01:05:11:23 - 01:05:24:17
Unknown
And my apologies to everyone else in their breakout, I didn't realize
that the time was so short. You know, a priority was the question I was
in the middle of is, has this been referred to the EPA to the California
Attorney General's Office?
01:05:24:24 - 01:05:47:00
Unknown
To others that may have additional enforcement mechanisms up to and
including prosecution and the the another question that's been in the air
but that hasn't been answered yet is why they would take three years from
when the district found out about these violations to the community being
informed about this.
01:05:47:06 - 01:06:04:11
Unknown
I've got other questions, but I don't want to monopolize things, so I'll
just leave it there with the questions I just posed and with those like
outposts to the breakout group. OK, thanks Steve, and thanks, Ed. And
we'll get to you on Jason Kathy and thank you for your patience in
letting us answer a question that was
01:06:04:11 - 01:06:18:22
Unknown
interrupted during the transition in the break out. So again, to repeat
the question, and I think this would go to Damien. first of all, has this
been referred to the attorney general and the U.S. EPA? And then we'll
follow up with the second question after deeming a response.
01:06:19:22 - 01:06:41:20
Unknown
So we at the Air District are taking every step that we can to prosecute
these violations. There is sufficient authority with the air district to
deal with this emissions violation and to get it teamed up. That's why
we're going to our hearing board, but we have taken the step of keeping
our partners informed.
01:06:42:03 - 01:07:05:12
Unknown
We've had consultations with both US, EPA and R.B.. They are continuing
to to go back and forth with us. So I can tell you that like any
prosecution or any enforcement case, we are going to keep all of our
options open.
01:07:05:21 - 01:07:21:22
Unknown
But from the air district's perspective, we have enough authority to deal
with this particular violation. I'm sorry, just a follow up. Do you mean
to literally criminally prosecute? I never said that. I said that we are
keeping our way.
01:07:21:24 - 01:07:43:10
Unknown
You said prosecute. That's what I was curious what the air district
through our hearing board is prosecuting this particular notice of
violation. That's not a criminal prosecution. I mean, you didn't use the
word prosecute. And let's be clear, like what is the authority to talk to
these Scott Brown, if you will remember our participation process and the
01:07:43:11 - 01:08:02:18
Unknown
agreed upon, you know, you know, agreed upon ways we would communicate
with each other. It's one at a time. So let's let Damien bring finish his
answer and we'll get back to the audience members. And I just want to
say, Scott, I understand that you're upset and we will get to your
question, but we just want to
01:08:02:18 - 01:08:13:03
Unknown
make sure that in order for everybody to get their questions answered,
that we take them way at times, so you'll get your attorney upset. But
this format is really frustrating because this is the first and this is
really gotten an answer here.
01:08:13:03 - 01:08:29:12
Unknown
I mean, really frustrating. There's there's no real like back and forth
here. It's just a matter of like, look, we've been going over the same
information for about an hour and a half now without like you've
collected a lot of questions, but I haven't really heard any answers.
01:08:29:15 - 01:08:42:05
Unknown
Yeah. And we will get through all of the questions and we'll go through
them one at a time and tell everybody that has a hand up as a chance to
be responded to. And so the quickest way to do that is just to make sure
that we got to when on time.
01:08:42:05 - 01:08:57:22
Unknown
So I hear you and I have one other quick way to do this. I understand and
I apologize for the imperfect nature of the format. But for now, I think
the quickest way to get to the questions that we have for the group is
just to have one person's kick at times.
01:08:57:22 - 01:09:10:12
Unknown
So I understand your frustration. We apologize about that. We want to get
back to Stephen's question. And I think the second question was for,
well, I think the email was responding to whether there would be a
criminal prosecution.
01:09:10:12 - 01:09:27:24
Unknown
And then the follow up was whether why it took three years or so. So at
this point, we can't comment on. We don't have that criminal authority,
right? And we are not going to comment on what other agencies or the
folks are thinking about at this particular point.
01:09:28:00 - 01:09:42:23
Unknown
All I can let you know is that from the air district's perspective, we
are taking the actions that we need to to get this thing cleaned up. And
that means taking these folks to our area where we can have public and
transparent comments on the facts and on the case itself.
01:09:45:05 - 01:10:04:11
Unknown
Thank you, Damien. And our next question is from Andre Soto. And Steve,
if you have a follow up questions, feel free to raise your hand if you'd
like to follow up. Go ahead, undress. So I've got a Damien was being a
little evasive there with his response, but that aside, I want to move
ahead and it's following
01:10:04:12 - 01:10:28:24
Unknown
up really on the question about what are the likely penalties that their
district is contemplating. And why is that not been made public yet prior
to the hearing board and since the deadline for applying for the hearing
board public seat is tomorrow, will that public seat be filled before the
hearing board by March 15th?
01:10:29:11 - 01:11:04:17
Unknown
And we know that you've spoken with the the Attorney General's Office and
EPA, but also I think you failed to mention that you approached the
Solano County District Attorney who turned down the opportunity to engage
in prosecution. So just a few corrections undress, we've approached us,
AARP and we've also informed the Solano County County Council about this
01:11:04:17 - 01:11:21:13
Unknown
event. I don't believe we've spoken to the DEA. It's a lot of committee,
but I'll defer to our legal staff on that. So, so there was a lot in
there to unpack. So maybe you want to go the first part of the question
again for me?
01:11:23:18 - 01:11:44:05
Unknown
Which was you were saying. I'm sorry. That was a lot. What I was saying
in the first was what are the what is the range of the panel of minds
that you're contemplating and and why don't why haven't we heard about
that range?
01:11:45:05 - 01:12:03:18
Unknown
You know, here we are two weeks before the, you know, the hearing board,
and we have no idea what the contemplating where will those fines go will
be needed to receive any of that money and then it will, with this public
seat, be filled in time for the hearing board on the 15th.
01:12:04:06 - 01:12:23:11
Unknown
All right. I got it. And so relative to the penalties that that process
is separate to our hearing board process, the hearing board process is
aimed at cleaning up the violations. The air district is talk publicly
about how we intend to hold this violator accountable for this particular
emissions violation.
01:12:24:16 - 01:12:46:07
Unknown
We will be assessing those penalties based on a couple of different
things, a couple of different factors. one of those factors is the cost
of the fix, how long it takes to get this fix in place. We also, in terms
of the penalties, that's a that's something that rests with the staff
versus the hearing board.
01:12:47:19 - 01:13:15:18
Unknown
Now, relative to, you know, this, what does that mean? So under under
state law, the air district has the ability to to settle this particular
violation. We've got the authority to impose the monetary penalties and
relative to the imposition of the penalties, there's a number of factors
that we take into place, like the ones that I just
01:13:15:18 - 01:13:43:12
Unknown
mentioned. And I can add to that, Mr. Soto, I'm Joel Freed, one of the
attorneys in the legal division. To my knowledge, we have not made
contact with the Solano County District Attorney's Office with regard to
this case and the legal division and our district in general does work
with district attorneys and state attorney general on civil
01:13:43:12 - 01:14:06:16
Unknown
and criminal referrals from time to time. And generally, we don't
publicize those until they are moving forward with actual lawsuits. The
factors that we take into account for assessing fines are set by the
California state law, the Health and Safety Code Section 42 403.
01:14:06:24 - 01:14:33:16
Unknown
There's various factors like the extent of harm and resistance of
violation, record of maintenance and frequency of past violations they're
all laid out. So we have our authority legally under the health and
safety code to impose fines, though those are limited to certain amounts
for different levels like $10,000 per day for strict liability
violations, $25,000 per day
01:14:33:16 - 01:14:57:06
Unknown
for negligence violations. So we we operate as aggressively as we can
under our legal framework, and we don't generally negotiate these fines
in public. You know, these are worked out between the parties. Sometimes
we go to Superior Court to get these resolved if we have to.
01:14:58:13 - 01:15:15:12
Unknown
But as Damien explained, the hearing board is as a function to get the
abatement orders in place and get the violations remedied as soon as
possible. The hearing board doesn't deal with fines or penalties. Joel,
can you comment on?
01:15:16:02 - 01:15:35:02
Unknown
Understood also asked about whether the public seat would be filled
before this particular case goes in front of the hearing board. My hope
so so that we have, you know, an odd number five full members, but I
don't know if I would think that it might take them some weeks to
evaluate the candidates, but that I don't
01:15:35:03 - 01:15:53:12
Unknown
know that would be a question for the hearing board. I hope so. So it
would be a piece. Wouldn't that be grounds to delay the hearing until you
get that public seat bill? I don't think so. I think they could proceed
without it, and we really want to get this stipulated order of abatement
approved as soon as
01:15:53:12 - 01:16:12:11
Unknown
possible so that we can get the permanent fix and proceeding forward as
fast as possible and stop these excess admissions as at the earliest
possible date. Thanks, Joe. And so I just wanted to take a break and take
a question from the chat and then we'll get to you, Cathy, next.
01:16:12:20 - 01:16:32:01
Unknown
So we had a question in the chat from Trevor Missense. The facility
mission immediately initiated a construction project to reduce excess
emissions, but this engineering fix did not solve the problem. Was there
a root cause analysis, or why did the fix that was approved by the Air
District not work?
01:16:32:11 - 01:16:53:18
Unknown
Was it only the engineering fix or was the engineering fix evaluated? So
in terms of the engineering, fixed the facility, approach the air
district with it after they received the violation, we did look at this
to determine whether or not it met with our permitting requirements.
01:16:54:18 - 01:17:11:11
Unknown
You know, in terms of the fix itself, I think everybody at the time was
hopeful that it would reduce the emissions below the standards. But what
we've seen is that during normal operations that that's what occurred and
what we hadn't anticipated.
01:17:11:11 - 01:17:32:00
Unknown
I think either on our side or on the liver side was during upsets or
during when the when the equipment malfunctions there, the the emissions
pop up and they can't be recirculated back into these the front of the
process by that engineering fix.
01:17:32:19 - 01:17:55:09
Unknown
So that's why we've gone to our hearing board to seek a permanent fix to
this particular emissions violation. Kevin, I think you're right. There
wasn't any meeting. Thank you so much for being patient, Cathy. Whenever
you're ready, I just have a question.
01:17:55:09 - 01:18:11:10
Unknown
I went to the enforcement breakout room, but I really want to hear about
the emissions. Are we going to be going to a breakout room for that now?
Or do we just get to hear about one thing? Cathy, I think if you if
you've got a question about the emissions, please feel free.
01:18:11:22 - 01:18:27:10
Unknown
I feel like everybody's question we can tonight. I mean, half the people
have already heard about the emissions. I think the breakout rooms sort
of deprived us of information instead of giving us information. So I want
to know what the emissions were, specifically what chemicals were
emitted.
01:18:27:18 - 01:18:46:03
Unknown
I'd like to know if you know, like the the amount of the chemicals that
were emitted over time. And has there been any health risk assessment of
that? Do you know if the chemicals were these sort of a steady stream or
where there's spikes and then low?
01:18:46:03 - 01:19:00:05
Unknown
I want to know why the EPA monitors did they pick up on any of these
emissions? That's quite a few questions. Yeah, I know I have a lot. Yeah.
Well, maybe Kevin can answer maybe the first few first and then we'll get
to the rest.
01:19:00:18 - 01:19:16:04
Unknown
Yes, OK. I'm happy to remind you. Yeah, no, no. That's fine. I mean, so
in terms of of what was released, we've been able to look at samples that
were taken by the facility back to 2003 and samples that were taken by
the air district.
01:19:16:12 - 01:19:49:22
Unknown
And we believe that there was about 10,000 tons of organics released. And
as part of those releases, about 180 138 tons of benzene, ethyl benzene,
tolerating and xylene were released benzene, ethyl benzene, Tyurin and
xylene. Our toxic air contaminants in terms of the health risks that the
Air District has modeled.
01:19:50:13 - 01:20:13:24
Unknown
You know what our modeling is designed to do is really to its super
health protective. I think, and folks know that we've got one of the most
stringent regulatory regimes for refineries in the United States, and our
conservative modeling lets us know when there's a chance that that
facilities may impact the public and then it requires them
01:20:13:24 - 01:20:29:15
Unknown
to cut to put on controls. But that's very, very different from telling
with our actual health impacts occurred in the community or not. You
know, there are many factors, I think that influence whether or not those
health impacts occur.
01:20:29:15 - 01:20:48:14
Unknown
And that includes, you know, exposure, how long you were exposed, what
your what your baseline health conditions were. So what we've done is
we're not health experts in that particular area. So we've taken the data
that we gained through our emissions calculations and through our work
there.
01:20:48:20 - 01:21:08:21
Unknown
And we really add that to the Solano County Health Department. And I
believe Dr. Matthias is from the health department is on here with us
tonight, and he can talk about possibly what the health department thinks
about the data that we've transmitters.
01:21:10:07 - 01:21:29:21
Unknown
Doctor, are you still with us? Yeah, I'm here. I'm here now. I think that
there are basically two types of risks that were posed by those
emissions. one was the acute risk of exposure to these two, these agents
that were released, and for people with underlying respiratory conditions
like asthma, emphysema, bronchitis.
01:21:30:16 - 01:21:48:05
Unknown
These exposures can potentially exacerbate their underlying health
issues. Mild exacerbations might impede their activities of daily living.
More severe impacts could land them in an emergency room. And so I don't
think it's possible to say that no harm occurred during those many years
of release.
01:21:48:24 - 01:22:01:21
Unknown
It may not have been many individuals. It's impossible to say because we
wouldn't have had any real time information, but I don't think it's
possible to say that nobody was harmed by it. That said, those are acute
issues.
01:22:01:21 - 01:22:17:22
Unknown
The exacerbation occurs. And then there, you know, there isn't presumably
a lasting effect from the exacerbation itself. The other set of risks are
chronic disease risks, and the agents that were referred to by Damien
include carcinogens like benzene and the.
01:22:18:09 - 01:22:43:10
Unknown
The answer as to how much risk was posed by those cancer causing
emissions is difficult because there's really two different answers. one
is that if you look at the the overall probability of a cancer case
occurring, it amounts to something less than one case occurring in
Benicia over the full 20 years of exposure.
01:22:44:04 - 01:23:00:22
Unknown
But that's not the same thing as to say what. What was the risk because,
you know, the acceptance of that level of cancer by the Venecia community
is predicated on the community being willingly complicit with the
release, which it clearly wasn't.
01:23:01:11 - 01:23:23:08
Unknown
So those releases were above the standard. The standards are what we all
agreed to, and we have a facility like this in our community. So any
release and any risk that's attendant with that release above the
standard is inherently an unacceptable risk because it violates the
compact that the community has with the facility through the Air District
01:23:23:08 - 01:23:42:15
Unknown
and its standard. So, you know, can you find a person who developed
cancer as a result? Odds are probably not. But that's not really the
point. I think the point is that that no exceedance, no risk, no exposure
to benzene from this facility into the community of Venecia is
acceptable.
01:23:42:19 - 01:23:58:08
Unknown
And I think that therefore what, however low that risk number may seem, I
don't think it's right to say that it was it was a non risk scenario.
Yeah. I do want to comment. I put the thing in the chat at the beginning.
01:23:58:18 - 01:24:15:16
Unknown
I have a friend who was just a few houses down from the fence line whose
husband was just diagnosed with stage four lung cancer. And I think a lot
of the risk assessments also on please correct me if I'm wrong, Dr. Mutaz
are dealing with one chemical and here we've got a chemical soup that's
being emitted.
01:24:16:05 - 01:24:36:21
Unknown
And you know what percentage of the time was the community exposed to
this chemical soup of multiple chemicals, exactly how much health
assessment has been done on exposure to multiple chemicals anyway? Open
and honest, here is another important point, which is that these
exposures were on top of whatever other exposures a person experiences.
01:24:37:00 - 01:24:49:02
Unknown
Right? You know what types of synergistic effects may or may not occur?
These are unknown. I think the bottom line is any acceptance of a
standard that puts the community at risk is inherently an unacceptable
level of risk.
01:24:50:15 - 01:25:08:06
Unknown
Thank you very much. All right, Cathy. two more than that I got to write
down, was this a steady state emissions? I think you heard from my
previous answer. You know, there's things that are happening that were
happening during regular operations, but there's also these upsets.
01:25:09:04 - 01:25:32:16
Unknown
And then the other the other question and I've heard this throughout the
evening is, well, why are EPA monitors? Why? Why is the monitoring not
showing the impacts from this particular event? So, you know, at the core
here, Valero had a duty to report these emissions, right?
01:25:33:01 - 01:25:48:02
Unknown
They had a duty to tell us they didn't do that. Had they done so, we
would have installed monitoring to make sure we understood 100% what was
happening here relative to the ground level monitors that we have in the
area and what they do.
01:25:48:02 - 01:26:12:05
Unknown
I'm going to ask Jerry Adobe Jerry to talk a little bit about the ground
level monitors, what their purpose is and then why they may not pick up
some of these releases based on the prevailing meteorology. Sure. Well,
first, let me speak to the fenceline monitoring systems, because there's
been a lot of comments about the fenceline monitoring
01:26:12:05 - 01:26:29:18
Unknown
systems and what the quality of the data that we're actually getting from
those in this particular case. With the plume being elevated in high
temperature, it would be unlikely that the fenceline monitoring systems
that are installed would have actually seen the emissions from that.
01:26:30:09 - 01:26:53:08
Unknown
But having said that, we do understand that the fenceline monitoring that
has been installed at the refineries is not delivering the the
measurement outcomes that we might have hoped for. It's something that
we're aware of at the Air District and we are looking at that and trying
to figure out what we can do to improve the quality
01:26:53:08 - 01:27:11:23
Unknown
of the data, the level of detection from the fenceline, monitoring
systems and the reporting so that it's reported more transparently and we
can all see it along with the data validation stops and what is excluding
it. What's you know, what's making a valid measurement, things like that.
01:27:15:04 - 01:27:38:19
Unknown
As far as other ground level monitors, we have the the Geum system,
ground level monitoring stations, Indonesia around the refineries, but
they are actually only measuring sulfur dioxide and hydrogen sulfide. So
the emissions that were actually coming from this particular source would
not have been picked up by those monitors, unfortunately.
01:27:39:16 - 01:27:54:22
Unknown
We are looking to install the community monitor and we're working with
the City Council now to get a lease approved at the at the at the Fire
Museum so that we can actually get that moving and get those monitors
installed.
01:27:55:21 - 01:28:16:12
Unknown
And those monitors will measure an array of compounds that we expect to
see in the community, particularly in the highly in the high population
areas of Benicia and the more highly impacted areas Benatia that we
anticipate from our metallurgical studies and our assessments.
01:28:18:02 - 01:28:36:11
Unknown
Thank you, Jared and Kevin, just before we continue, I did manage to pick
up one of Andrea's other questions, which is, you know, around the
penalty the Air District Staff intends. And this is for everybody here.
We're going to recommend to our board whatever penalties levied.
01:28:37:02 - 01:28:57:16
Unknown
We want to see that put back into the Benatia community. Now, our board
of directors has to agree with that, but that's what the staff
recommendation is going to be. Thank you for sharing that, Damien, and of
course, it's not enough, but it is important to mention that there is
some benefit because back to the community and
01:28:57:16 - 01:29:09:12
Unknown
Steve, before I get tears, even before I get to your question, I did want
to just say Scott, put a question in the chat and I know he had his hand
up earlier. And Scott, thank you for sharing your frustration about this
format.
01:29:09:13 - 01:29:22:03
Unknown
We really tried to make this more personalized. You get the answers you
need. I recognized for some of you, this has been frustrating and we
appreciate your patience with us, but we really have tried to set it up
to work, so we appreciate that feedback.
01:29:22:04 - 01:29:41:05
Unknown
And Scott, I wanted to see if you wanted to ask your question or if you
wanted me to just read the question that you had. So that's the question,
my question was that because you, you explain, said that there had been
no contact with the L.A. County District Attorney's Office if you were
contemplating a criminal prosecution as
01:29:41:05 - 01:29:53:01
Unknown
a lot of people have raised. It seems like that would be one of the first
places you go. So it does seem like that is not being contemplated at
this point where there would have been some kind of contact with that
office.
01:29:57:05 - 01:30:18:08
Unknown
So this is this is a pretty complicated enforcement case, I hope folks
are getting that tonight. We are concentrating first on getting the
emissions control. There are further areas of the case that we're looking
at and we're not taking any options off the table.
01:30:19:04 - 01:30:38:21
Unknown
So just so folks understand that we are looking at other violations
associated with this particular venting and we don't want to tip our hand
publicly as to what other actions we may take here because our
investigation is ongoing.
01:30:39:23 - 01:30:54:14
Unknown
And I know that is frustrating for folks and it's frustrating to hear,
but we are trying to gather more evidence. And unfortunately, if we come
public with some of the things that we're thinking about, some of that
evidence may disappear.
01:30:54:15 - 01:31:07:00
Unknown
So you're going to have to be a bit patient with us, but we haven't taken
any of those options off the table just yet, Scott. So now the clear
answer is no, that it does not mean that there will not be prosecution.
01:31:07:00 - 01:31:24:02
Unknown
That just means at this point, there has been contact. Correct. Thank
you, Damien. And I just want to say we're a little over time, but we want
to make sure to answer as many questions as possible. So thank you all,
folks for sticking around, and we have two other hands that are raised
before we read those.
01:31:24:02 - 01:31:37:20
Unknown
I did want to just respond to a couple more comments in the chat and say,
Thank you, Trevor, for posting those documents, as well as Alyssa about
the health effects. And I did want to respond to the county supervisor
that we'll follow up with you directly.
01:31:37:20 - 01:31:54:14
Unknown
And so next, I want to go to Steven just as a follow up question. Thanks
very much, and as I said in the breakout, I think we appreciate that
you're many of us appreciate you doing this is a tough job getting a lot
of questions fired at you.
01:31:54:20 - 01:32:15:20
Unknown
To follow up, though, on Scott's point, Scott Morrison's point, I think
when you do this again, whether it's March 15th or whenever, maybe less
time on process and more just on question and answer might be more
efficient. In any event, I have few follow up questions to once again,
why did it take three years from when this
01:32:15:20 - 01:32:35:19
Unknown
violation was discovered to when it was made known to the community? So,
you know, when I opened this meeting, I talked about how we're trying to
change, how we do things at the air district. Mm-Hmm. I want to start by
saying, you know, protection of the community is number one for us.
01:32:37:00 - 01:32:57:22
Unknown
But you had a situation here where we had a company who over a period
between 2003 and when it was discovered, failed to report these
emissions. They failed to take the actions necessary to clean them up. We
have an extensive regulatory process that we put in place at these
facilities.
01:32:57:22 - 01:33:19:03
Unknown
We have inspectors there every day. We've got monitoring. We've got teams
of engineers that are looking at at these diagrams that we get from this
facility. And quite simply, they failed in their duty to report to us.
Now we in terms of our process, we have to own the fact that that we did
not bring this public
01:33:19:08 - 01:33:39:23
Unknown
in a timely manner. And that's something that we're trying to change by
bringing this to the hearing board. We're trying to shed light on this.
We're trying to get the public input and we're trying to signal to
everybody that this is the way that we intend to operate going forward
from now on where we have facilities that
01:33:39:23 - 01:34:00:03
Unknown
are in violation. We've put them on notice that they will be appearing in
public forums as quickly as we can get them there so that the public will
be able to see, understand these cases. Ask the questions that you're
asking, have that ability to weigh in on the solutions that we're
proposing to our hearing board?
01:34:00:13 - 01:34:17:02
Unknown
And you know, we can we can do better. We know we can do better. We want
to do better. And this is the first step on that road. Okay. Thank you
very much. Just another follow up to the point that the question's on
Chris was asking about the level of the fines.
01:34:18:08 - 01:34:36:07
Unknown
So one of you had mentioned that the fine can be $25,000 per day for
negligence. At the very least, this would seem to be an example of
negligence, although maybe even something more serious in that Valero
knew that was going on and did not report it for six years, at least six
years.
01:34:37:07 - 01:35:01:17
Unknown
Now, take what? Take my calculation with a grain of salt, given my math
abilities. But but, you know, based on my calculator $25,000 a day times,
six years times, 365 days per year, it's up to $146 million. And one of
the and one of the and you have mentioned that, of course, you want to
get this corrected.
01:35:01:18 - 01:35:19:06
Unknown
You don't want this to happen anymore. But one point of an enforcement
mechanism is to create a concrete, you know, not just concrete, not just
concrete, penalize egregious violations, which it seems to be. And I hope
that's not too strong a word to use cover up.
01:35:19:11 - 01:35:42:01
Unknown
I think it isn't, but also to create incentives against future
violations, particularly when a company has a track record of such
violations and cover up. Given all that, can you give us some sense of
what the maximum penalties you are or what maximum penalties you're
looking at here, even if you haven't fixed that yet?
01:35:42:12 - 01:36:01:14
Unknown
So there's a couple of things I'd say. It's how we kind of describe what
you what you're talking about is we want to have credible deterrence,
right? We want to make sure that when we when we impose a penalty on a
facility, it sends a message that this is not acceptable behavior.
01:36:02:12 - 01:36:21:16
Unknown
We've said publicly that the air district is committed to doing that in
this particular case. You know, when we talk about negligence and when we
talk about the standard of proof that we need for that, that's something
that we also need to understand and take seriously.
01:36:21:24 - 01:36:36:00
Unknown
So I did speak earlier on about some other factors that need to be taken
into account as we look at this, which includes the cost of the fix
itself, how long it takes to get in place, and we are weighing all of
those factors.
01:36:36:21 - 01:36:53:15
Unknown
Joel, our counsel, can walk you through what each of the penalty levels
is in state regulation. And if that's something you want, Steven, we can
do that again. But I think the bottom line here is we're interested in
creating that credible deterrence.
01:36:54:01 - 01:37:15:09
Unknown
And one of the other things that we are doing as an air district is we're
also seeking to increase penalties at refinery facilities for instances
like what I heard from some of the folks tonight where there's where
there's a public nuisance, where there's, you know, emissions being
spewed over a community.
01:37:15:09 - 01:37:31:13
Unknown
We want to make sure that the penalties that are in state law are
increased. So that there is that credible deterrence and that's part of
the overall refinery strategy that we're employing, and it's something
that we hope we can get in place for consideration here.
01:37:32:01 - 01:37:46:20
Unknown
Thanks. And just one more quick question. If you do end up deciding on
the credible deterrent, which I would think would the least be tens of
millions of dollars given Valero's of profits and maybe even more than
that?
01:37:48:00 - 01:38:07:19
Unknown
What is the process for finalizing that? Is it simply the staff decision?
If the staff decision is recommendation is X is, let's say, $60 million
and the board decides otherwise is that the final say cannot be appealed
at all by members of the public or any other state agencies.
01:38:07:22 - 01:38:30:01
Unknown
At what point does that become final? So I'll ask you to comment on that.
I'd be happy to. So that District Penalty Authority is delegated by the
Air District Board and state to the District Council, and that's also
consistent with state law.
01:38:30:05 - 01:38:47:03
Unknown
So the District Council of the Air District has the final say on the
penalty levels and district councils operating within the framework of
the Health and Safety Code, and those are laid out in Sections 42, 42 and
following.
01:38:47:11 - 01:39:04:09
Unknown
And so there's limits on what we can seek and obtain under those codes
and those some of those limits at the lower end were increased in a
recent state law. I think it was AB 6:17 a few years ago.
01:39:05:15 - 01:39:27:10
Unknown
So that's the story. And I should also know that the hearing board, while
it doesn't deal with penalties, does take public comments and doesn't
answer questions. But it does take public comments and so you can appear
or send written comments or testimony to the hearing board for the this
will urban issue refinery hydrogen vent stipulated order of
01:39:27:10 - 01:39:41:22
Unknown
abatement case that's coming up on schedule for March 15th at 9:30 a.m..
Okay, but I'm sorry, just one more very quickly. If you do know what the
upper limits are and what is the maximum you're that you could impose?
01:39:44:01 - 01:39:58:05
Unknown
Well, I think we're still waiting on those things that I that I talk to
you about saving, which is the there are factors that we need to take
into account relative to the fix and how long it takes to put in place.
01:39:58:05 - 01:40:20:07
Unknown
So we'll weigh those as we go forward here. So all of that needs to needs
to flow through before we get to that point of penalty. And the other
point as well is that we have other elements of the case that are that
are ongoing, so there may be there may be multiple facets to that penalty
as
01:40:20:07 - 01:40:37:04
Unknown
we roll forward. So again, you know, I wish, I wish I had a better
answer, but that's that's really the truth of our process here. Excellent
question, Stephen, and feel free to raise your hand if you have any other
follow ups as well, and I just wanted to say, I think we're going to take
two more questions
01:40:37:05 - 01:40:54:17
Unknown
. Take a quick pause just to share with you information about the hearing
board procession for anybody that's sticking around for that information.
And then we'll take questions for as long as people have OK, but why
don't we? Maybe we can gauge the I think folks are aware that why don't
we answer as many questions as we can
01:40:54:17 - 01:41:05:13
Unknown
and that the folks are still interested in the hearing board? We can talk
about that afterwards. I think folks have waited quite a while, so I'd
like to take as many questions as we can right now. That's if that's OK
with everybody.
01:41:05:20 - 01:41:17:00
Unknown
Maybe I could get a thumbs up from some of our participants, if you can.
I think I think that's what I'm seeing from so many of the folks who are
waiting. So let's try and do that, Kevin, first, if you don't mind.
01:41:17:12 - 01:41:44:15
Unknown
Absolutely. Thank you so much. Damien and I see a lot of thumbs up, and
so I'm going to go next to Jeff, Retrouvent and Jeff whenever you're
ready. Well, I'm kind of feeling similar to Stephen's perspective, I
thought Joel said it was 25,000 and an additional 10,000.
01:41:45:00 - 01:42:13:18
Unknown
So my calculation is over 200 million. So, you know, we're we're talking
about a significant amount of money here. Again, I don't know what you
feel comfortable with and what you're thinking of. But that's that's what
it comes to for all these years, for that amount of money, you know, for
that on on a daily basis.
01:42:13:19 - 01:42:42:16
Unknown
So, you know, that's that's the what the calculator says. So it's $217
million. So that's that's my calculation. What if you have a do you have
a question in there? No. OK. All right. Maybe, Kevin, do we have
questions in the chat or are we just going to shake the hands?
01:42:43:11 - 01:43:07:19
Unknown
Yeah. Let's take a question from the chat and then we'll go to you next,
Marilyn. And the question is, do you expect Valero to appeal the hearing
board decision or is the hearing board ratifying a plea deal? And so, you
know, we're expecting that Valero will comply with the stipulated order
that that comes from our our hearing
01:43:07:19 - 01:43:23:20
Unknown
board. The hearing board is an independent body. So they have to look at
the merits of what's been proposed. They will kind of rule on whether to
accept it or not. And that's where the public gets to comment and weigh
in on this.
01:43:24:15 - 01:43:42:06
Unknown
John, do you want to talk a little bit more about that process? I think
you covered it pretty well. I think that there is a stipulation here and
agreement. And so we're we're asking the hearing board to approve it as
soon as possible and the public can weigh in.
01:43:42:06 - 01:44:15:06
Unknown
And on the last question, I'll just point out that there's a three year
statute of limitations on what was relevant regarding the penalties. OK,
and as promised, Maryland, whenever you're ready. Thank you. And my in
listening tonight, I feel that the district has kind of, you know, was a
come to Jesus thing recognizing the seriousness of this
01:44:15:06 - 01:44:33:13
Unknown
Valera violation because it does involve a cover up if I understand the
meaning of that word, because I go back to VIP, the Valero Improvement
Project in 2003, the city voted to improve, you know, permit that to
allow that to go forward.
01:44:33:14 - 01:44:57:12
Unknown
A ten year, a ten year project maybe even lasted a little longer than a
decade. They put a scrubber in. There was all kinds of regulatory hoops
they must have had to jump through that this meant. And Valero at the cap
meeting said cited some really minor regulation that they said if I'm
remembering correctly went back to
01:44:57:12 - 01:45:16:17
Unknown
something like 1982. And so it was though that was something that they
never would have worried about. Well, that's what they said to the cap
meeting. What did they what have they said to the city? The city has an
MLA or whatever they want to call it, whether to improve communication
with Valero.
01:45:17:01 - 01:45:40:15
Unknown
Valero has been delivering information to our fire department, which
delivers information to our city council. We have been without proper
information for so long. I feel that the district is now living up to its
regulatory responsibility to be an enforcer because you've got some great
rules now they need to be enforced because this is very peculiar.
01:45:40:15 - 01:45:55:02
Unknown
So I see you've risen to the the, you know, risen to the claws really
here to do your duty, to provide the kind of assurance to the public that
you are for public health and safety in every community.
01:45:55:06 - 01:46:09:19
Unknown
I don't know if this is going on this kind of cover up going on in Rodeo,
Chevron, etc. It's as though each one is a five item from the, you know,
a feudal five. We don't know which refinery called Valero in 2019.
01:46:09:19 - 01:46:23:12
Unknown
Trying to find out, Valero didn't tell us that at the cap meeting, who
was the refinery that called? Did they have a similar problem? Is
Richmond dealing with this is is a rodeo dealing with this? What's going
on behind the scenes?
01:46:23:18 - 01:46:46:01
Unknown
This should not be so futile. We should know about. From the regulators
what is going on as a cumulative impacts to air quality in this Bay Area
region. I am really frustrated that it is siloed and that we have been
silenced for how many years when we have responded diligently to each
year.
01:46:46:17 - 01:47:04:18
Unknown
You know, we want a settlement agreement with Valero when they didn't
even answer our questions and just said, OK, what do you want? You know,
that's how the Good Neighbor Steering Committee got money to get for
Christ's sake, a community based air monitoring independent air
monitoring station that may be able to tell us a little more.
01:47:04:21 - 01:47:23:07
Unknown
And by the way, we have no monitoring at our port area, at the tanker
dock or the petcoke facility, so we don't know how much petcoke is in our
air on any given day. And I have been told by the Air District that the
only way you can since is not regulated, that we have to see an
01:47:23:07 - 01:47:36:12
Unknown
opaque cloud against a backlit behind with back lit against the Sun in
order to report it and have it be investigated by the district. I mean,
we have an asphalt plant that we don't know much about. Never talked
about.
01:47:36:17 - 01:47:54:07
Unknown
We have the petcoke facility and we have a tanker dock with pipelines,
seven pipelines going down to Army Point, and we never hear anything
about monitoring for fugitive emissions from those pipelines. And we're
talking the state wants us to put density housing out there.
01:47:54:10 - 01:48:20:11
Unknown
We have a project that's been being discussed by our city council for 140
900, excuse me, 124 condo units, which would include some affordable
housing. I mean, really, really under these conditions, no. We're talking
about community health and safety here, and I'm so glad you guys are on
this because it's hugely complex and it does involve a
01:48:20:11 - 01:48:38:05
Unknown
cut. I feel so insulted because I go there with serious questions to
those camp meetings. I'm the only one to ask questions. And I feel ripped
off. And this is about public trust, and I've been doing this for 20
years on Valero.
01:48:39:04 - 01:48:51:24
Unknown
Because I care about community health and safety. Well, Marilyn, thank
you so much for your comment, and the reason we had Town Hall is that we
want to hear people's frustration and give people a place that to share
this information.
01:48:52:02 - 01:49:15:05
Unknown
And I want to add one thing you mentioned 10,000 tons of doses or be
text, let's say. No, you said 10,000 tons of cumulative emissions as a
result of this violation for six years. Well, then you said 180 138 tons
of what I call be taxed the benzene plus, guess what?
01:49:15:06 - 01:49:41:24
Unknown
We're all the other emissions then. Of hydrocarbons. Survivor paychecks.
Yeah, so I hear one of the first things I want to acknowledge is I
understand how frustrating this this can be. I want to acknowledge, you
know, your feelings here and I want to I want to say a couple of things
about some of the statements that you
01:49:41:24 - 01:50:00:03
Unknown
made there. You know, the idea that that Valero would present that
because the district adopted a regulation in 1982, it's not valid is
ridiculous. Our regulations are there to protect the public and they need
to be complied with.
01:50:00:15 - 01:50:19:15
Unknown
And we are here tonight to tell you that we will ensure that that
compliance happens. Valero also stating that that because one of their
good neighbor refineries told them they started to look into this seems,
I think, highly unlikely when in 2019 they got a notice of violation from
the air district correctness.
01:50:20:22 - 01:50:42:02
Unknown
So, you know, relative to the emissions themselves, the B-2s compounds
are the ones that have the toxic emissions and you have your numbers,
right? It's a it's 138 tons of those compounds over the over those years
and then 10,000 tons of of organics.
01:50:42:02 - 01:50:58:15
Unknown
And I'd asked Pam or Carol to kind of talk or any of the other stuff who
know a little bit more about what's in there to characterize what is the
makeup of those? And if we if we can't get that, we'll definitely come
back and give you that information.
01:50:58:15 - 01:51:12:03
Unknown
But this anybody know offhand what the what was in the organics area? I'm
not saying I'm not seeing a lot of nothing yet. So we will come back to
you and explain what that what what precisely was in Carroll came up
mute.
01:51:12:08 - 01:51:26:01
Unknown
Carol, Carol, I was just going to say, I think it's better, Damien, if we
go back in and see what the source test data said, because I don't have
that in front of me right now. So as you can tell, it's it's complicated.
01:51:26:01 - 01:51:36:12
Unknown
We don't mean to frustrate you, but not having all the answers, but we
will try and get back to you with that before this hearing. So you're
informed about that. Thank you very much, and I apologize for my tone.
01:51:36:20 - 01:51:50:21
Unknown
I can't help it right now. No, thank you. And you have no reason to
apologize when we're talking about issues that involve the health and
safety of our community. These are important things, and thank you for
sharing your thoughts and your feelings with us today on that.
01:51:51:13 - 01:52:23:14
Unknown
And so I going to go with the next question from Ken. Ken, whenever
you're ready. Oh, thank you. Thank you. I think one thing I wanted to
bring up here is if we look at what, what, what happened with this case,
the whole description, a start it was some another refinery reported this
problem and then that's why
01:52:23:23 - 01:52:47:24
Unknown
we kind of put all the focus here and this is totally bye bye by an
accident. This cannot be the way which we carry our business in the
future. So we have to find out a systematic way to make sure this type of
thing does not happen because even we are looking at only one component
at one
01:52:47:24 - 01:53:12:22
Unknown
refinery. How? How do we know everything else is OK? So just I appreciate
the Air District start to paying attention to this specific case, but I
think we need to look at this problem in the market much more system
point of view like how can we make sure this type of thing will be taken
care of?
01:53:13:12 - 01:53:38:14
Unknown
And I think when we I think Damien, no. Like, I have been always
advocating for enforcement and monitoring. And I think when we say the
reason why, I mean, so there's a tremendous disconnect between. The
enforcement, because when we hear this story, the enforcement started by
the air district already.
01:53:39:15 - 01:54:08:17
Unknown
Except this is a problem. And however, I mean, from the community's point
of view, we have so many people reporting things. But somehow it doesn't
turn into a saying which the Earth does pay attention. So I think that is
one area which we really need to improve, but also happy to be after
Marilyn because she also mentioned
01:54:09:19 - 01:54:31:22
Unknown
. Exactly that, the reason why that is I can see the enforcement does not
happen is because we don't have monitoring, as Damian mentioned, like you
have your inspector at the plant every day. And how can that I mean, how
can it so so what are they doing there?
01:54:31:23 - 01:54:58:11
Unknown
Like I see is like, we don't have the tool to I mean, we cannot rely on
self-reporting to do enforcement. So we have to to have, I mean, from the
industry or communities, communities point of view, we have to have a way
to to to to to to say, OK, there is something which is not right and
01:54:58:11 - 01:55:16:04
Unknown
it doesn't have to be like 50 years out. I mean, 500,000 equipment. I
think just like, for example, if we look at. Purple air. OK, compare with
the 100,000 people and monitor for the air. We don't need. That level.
01:55:17:03 - 01:55:40:10
Unknown
I mean, at the first step. OK, so but we need something which is simple,
like less expensive and more available to the community so we can use
those things. And then if we find out we identify a hotspot, then we can
engage the air district and you can use much more expensive equipment to
detect.
01:55:40:18 - 01:56:08:23
Unknown
So I think the host that area connecting between community complain and
the enforcement, I think currently we really need to to look at it much
more carefully. And also how this inspector goes, for example, I don't
know exactly how refinery inspection is done, but I I, for example, I I
know somewhat in like in Vallejo, the inspector
01:56:08:23 - 01:56:31:15
Unknown
inspect a dry dock by looking at their paper document like, OK, how do we
know by, for example, like, OK, they say they are going to use this much
paint and this is how much they have used. And and basically, the
inspector used that paper record as like, OK, yeah, so they are not
exceeding their their limits
01:56:31:24 - 01:56:55:11
Unknown
. But from the community, we have a different, completely different
experience. So you cannot just by looking at a paper record and say, Oh,
everything is fine. So I think, Inspector, I mean, what is the process we
have to to to to cause I mean that we need to review what whatever is
happening right now and figure out
01:56:55:16 - 01:57:17:07
Unknown
why things even we have people. Visiting the plant every day, and you
still don't find it, so there is must be something we need to to change.
So that's that's another thing. OK, so the third one? Another one is, Can
can we can we stop there?
01:57:17:07 - 01:57:32:15
Unknown
You've got a big laundry list there, and I'd like to address some of it
and then we can get to the rest of the questions, if you don't mind.
Sure, sure. So, you know, I think we at the Air District realized that
that our system isn't perfect.
01:57:33:13 - 01:57:47:11
Unknown
We do rely on facilities like Valero to come forward and report their
emissions they're required to by law. That's what they are required to
do. This facility failed to do that. The complexity of these facilities,
I think, is staggering.
01:57:48:09 - 01:58:09:04
Unknown
Thousands of miles of piping at the changes, you know, as refinery
turnarounds happen every five years, we have inspectors there every day
and they are actively looking at piping. They're measuring it with
instrumentation. We have folks from Jerry Sharp in there doing source
tests.
01:58:09:04 - 01:58:30:02
Unknown
We're reviewing sources from other companies. We've got fenceline
monitoring. We've done airplane overflights of these facilities. We have
a team in rural development. We are having folks in our legal and in our
enforcement teams. All these folks are trying to stay on top of these
facilities.
01:58:30:02 - 01:58:43:16
Unknown
But you know, we realize that that we've seen more noncompliance at these
facilities over the last number of years. So we're taking a couple of
additional steps. We've informed our board of directors that we want
additional staffing in this area.
01:58:44:22 - 01:59:00:01
Unknown
We're looking to beef up both our enforcement and engineering sets of
staff, and we want to have a conversation with our communities about how
we can better monitor, you know, these incidents and these things that
are really causing harm to the community.
01:59:00:12 - 01:59:20:02
Unknown
We've gone forward and proposed legislation to up the fines for this. And
we've also talked to our board of directors at going back and looking at
our existing rules that are on the books to strengthen them. And it is
our intention to also adopt additional rules on top of that in order for
the whole system to work
01:59:20:24 - 01:59:40:20
Unknown
. We need our facilities to be effectively deterred from doing things
like this in the future. That's all part of it. So we recognize that
there are faults in our process. We recognize that we need to be more
public about what we're doing, and it's our intention to let folks know
what we're doing.
01:59:40:21 - 01:59:56:13
Unknown
And those are some of the steps that we're taking tonight. I think it's
it's it's it's easy to just say, well, you know, you should find it
faster. You should do better. I think we acknowledge that that is the
case.
01:59:57:08 - 02:00:11:15
Unknown
But you know, when you've got a partner at these facilities who are
supposed to comply with the law and are not doing so, I think that that
is something that we really need to take seriously. So can do you want to
go on with the rest of your question?
02:00:11:16 - 02:00:36:02
Unknown
The third part, please? Yes. After after hearing what you say, I think
there is opportunity for community and agency cooperation, for example,
from the from the from the enforcement or enforcement part or monitoring
part. I think you have to understand the community really wanted to do
the monitor.
02:00:36:02 - 02:00:58:06
Unknown
I mean, for example, you don't need to if if you if we develop some kind
of protocol, which you enable the community engagement to do the
monitoring, you don't have to send inspector very often what we call
inspector may coming in like a couple of hours later or the next day,
which which it doesn't help.
02:00:58:09 - 02:01:16:20
Unknown
OK, so but but you have to understand we in the community. I mean, this
is where where we live and and we are highly motivated. I think you need
to take advantage. Just look at the people here. They have spent like 20
years like working on.
02:01:17:02 - 02:01:36:22
Unknown
So, you know, the energy is there and so how we can work together to to
to to monitor and to to improve the situation instead of you say, Oh, we,
we ask the board to have more or to have more money to to hire more
inspectors.
02:01:36:22 - 02:01:57:16
Unknown
I think we should also look at it how we, the agency and the community
can work together to protect the community. OK, so that is one point
which after I hear what you say, the other one is I think Jerry also
mentioned like because some of the emission is like higher up from the
chimney.
02:01:57:23 - 02:02:16:22
Unknown
So and so it. It was not detected on the different lower level. What I
want to say is from. We are in Vallejo, so a lot of time that we are
downwind. So even though Valero is not in our city, but we are, we are
impacted by their their release.
02:02:16:23 - 02:02:32:11
Unknown
OK, thank you. That's all I have to say. Well, thanks again for those
points. That's something that I think we want to have an open and open
conversation with our communities about how do we monitor and how do we
go about doing that.
02:02:32:11 - 02:02:51:12
Unknown
So we'll take that back and we'll see if we can figure out a mechanism to
start that engagement. And for those questions, Ken, and next, we have
Sam and then we'll go back to Steven, but I did want to say if Alex is
still there and has a question, we'll go at to listen next just because
it
02:02:51:12 - 02:03:05:02
Unknown
is your first question. So Sam, whenever you're ready. OK, exactly. Judy
Sullivan, it's I'm using my husband's computer because mine pooped out my
duty. Okay, yeah. I just wanted to say that and this is my bin, my
rallying call.
02:03:05:02 - 02:03:18:05
Unknown
Since I've been involved with this one thing on this zoom. Most of the
people on this Zoom have been activists on this issue for many years. And
I sometimes think how you presented it as though you were talking to
people who didn't, you know, didn't have a clue.
02:03:18:05 - 02:03:40:01
Unknown
And we do. And so what we've been asking from the very beginning from the
state, from you, from Valero is especially from you, though from the big
day is we consider you are stewards and we consider it a sacred
responsibility that you watch over our air.
02:03:40:23 - 02:03:56:16
Unknown
And I've been seeing a lot of not. Pressing Valero on the Don, the fines,
and I know that you don't set the fines, that's not your but you could go
to the state and work on that. We've gone to the state and talked to them
about it.
02:03:56:16 - 02:04:13:01
Unknown
You could do because it's what's being done isn't working and and I'd
like to see you step up and I think you are starting to step up with the
enforcement and I hope that you do this every single time.
02:04:13:23 - 02:04:30:21
Unknown
And the other thing I'm concerned about is when we're not notified that
there's been. That's a relief, and we're out doing our thing. I'm out
gardening almost every day, you know, I'm out kayaking, I'm doing
whatever. Sometimes I can tell that the sky is off and pick up.
02:04:30:21 - 02:04:43:03
Unknown
Something's going on with Blair. I'll make a call. But sometimes I don't
know. And I would like to know ahead of time I'd like our city to be. I'd
like you to notify our city, our city, to notify us in real time.
02:04:43:14 - 02:04:56:09
Unknown
I don't want to find out about this the next day or two weeks later or
three months later, because I live outside a lot. We're in California.
We're outdoor people. We leave our windows open. Know things like that.
02:04:56:10 - 02:05:12:06
Unknown
If we could, you could let us know. That would be a big help. And there's
some disconnect about what I perceive as your responsibility to our
communities, our Bay Area communities that interferes with our ability to
be healthy.
02:05:12:20 - 02:05:27:12
Unknown
And we're all pretty health conscious and we're very conscious people.
And like I say, the people on this call, I know most of the we work
together. You know, this isn't new to us. And so kind of when you start
your meeting, it's like you're talking to people who are just coming on
for the first time.
02:05:27:12 - 02:05:43:06
Unknown
That's that's not what you have here. It's a very active community. And I
would just like you to approach it from that point and our. Just. I want
to say stand up, do your job, I know you guys are trying really hard, I
really appreciate it.
02:05:43:06 - 02:05:55:15
Unknown
When I heard that a message from jack them, I thought, Yeah, Jack is
standing, you know, I felt a different stance from him. I felt really
good. But now that I'm here, I'm not really feeling all that much
different than it's been in any other media I've been to to tell you the
truth.
02:05:56:12 - 02:06:12:16
Unknown
And so I guess because we've been dealing with this for so long, it is
like we want to see results. And so I'm just asking you to keep on
plugging on and and where there are holes, fill them where they're voids
and give us a reason to feel confident.
02:06:13:15 - 02:06:25:20
Unknown
And and your your job and. I don't know what else to say, I mean, I just
it's frustrating for all of us. We care what we care about the
collective. It's not just I'm not just talking about me at all.
02:06:25:23 - 02:06:48:24
Unknown
You know, I just I really believe in the collective. I'm trying to
protect the collective. But we need your help. And because we don't
enforce the rules and we just keep on pushing for them and seeking for
answers to these, like the PM 2.5, you know who's to check that out and
what kind of monitoring do you
02:06:48:24 - 02:07:00:15
Unknown
have? A can can do that. We see it all. We see it on the ground. And it's
always visible. I mean, it's dirty. It's all right. And the air gets into
our lungs. Small particles builds up over time.
02:07:01:00 - 02:07:13:08
Unknown
Well, we need protection from that. Some refineries are going to one
floor at one in Florida. They have covered the covered area where they
deal with their pet coke. There's technology to take care of this.
Nobody's pushing Valero for it.
02:07:14:13 - 02:07:28:11
Unknown
And yes, that would cost them money. But other refineries have been known
to do it and and maybe they have their districts that push it. I don't
know. I don't know how that can maybe make that happen. But our community
hasn't been able to get them to move on that.
02:07:28:18 - 02:07:45:02
Unknown
And it's a concern that I have. So I don't I don't I don't have a serious
immune condition myself. But I know people who do men and women who we
have known people and people in town whose kids have asthma, you know,
that has occurred in this area.
02:07:45:03 - 02:08:08:02
Unknown
Well, part of the reason is our air pollution. And so you look at the
American Lung Association numbers. You know, I look at that annually. We
don't get a good grade in this county and and a lot of it is because our
refineries and the refineries that hit us from other areas, like some
kind of refineries from
02:08:08:02 - 02:08:23:13
Unknown
other towns that we get there, it depends on the time of year. So I just
I hope that you. I want you to think that feel strongly about it. We do.
And that's what I want. So I appreciate that.
02:08:23:16 - 02:08:38:07
Unknown
Please keep trying hard and not do what you can and make them pay what
they are. And I don't really it's not about the money to me, it's like
it's about having responsibility. You guys have a responsibility. I'd
like to see it go up higher.
02:08:38:20 - 02:08:55:00
Unknown
Valero has a responsibility to us and and our community has a
responsibility to answer a lot of layers of our leadership involved. And
I know as volunteers, we work our hearts out. I mean, we don't get paid a
dime for it and we count on you guys.
02:08:55:01 - 02:09:06:18
Unknown
And I know we pressured you and have written you stacks of letters, you
know, full of facts and figures. And I mean, we, you know, we do our
homework and we just want to know that you've really got our back.
02:09:07:23 - 02:09:18:18
Unknown
And I'm hoping that there is going to be an improvement. I like what Jack
Broadbent had to say. I've talked to him before and we just want to see
the proof of pudding and not wait too long to see it.
02:09:19:19 - 02:09:42:02
Unknown
So that's it. Thank you for trying. Thank you for hanging in there. Well,
thank you, Judy. You know, I can see and we can feel the emotion from the
members of the community tonight. You know, when we start to pitch these
presentations, we never know what the makeup of our audience is going to
be.
02:09:42:06 - 02:09:57:23
Unknown
And I'm sorry that frustrated some people tonight because we did really
start with our building blocks of work, a whale watching. If you knew
more that you knew our community better, we've been to that. You've done
this with us before and you would know we have this very strong group in
a few minutes from the other meetings
02:09:57:23 - 02:10:13:04
Unknown
. You would know this or if you looked at those things, you would know
that this group is, you know, we're not, we're not beginners. Everybody
here has done this many for a long time. So I mean, you know, if you
would just look at this community and get to know the community better
and read our letters, you
02:10:13:04 - 02:10:26:04
Unknown
would know that we know we do. But you know what we always have to do on
these calls is for the person who comes on here who knows nothing about
this. They also have to be educated so that they can reach the same level
that you are.
02:10:26:11 - 02:10:45:18
Unknown
And that's all I'm trying to explain. You had mentioned about, you know,
notifications in real time as being a gap. And we know that in other
counties, there are ordinances that have been adopted by those counties
and there have been some changes in state law.
02:10:46:14 - 02:11:09:07
Unknown
So we are looking to talk to our partners in Solano County to see how we
can get better at notifying our residents and whose responsibility or due
to. Damien, I think you accidentally made it yourself. That might be for
the best, maybe.
02:11:10:03 - 02:11:28:12
Unknown
But but what are the other things that that that I did want to say about
kind of what we've got planned? Maybe Jerry can talk a little bit about
some of the compounds and some of the things that we'll be looking for in
your community when we do stand up that monitor.
02:11:29:04 - 02:11:53:11
Unknown
Jerry, if you wouldn't mind talking about what compounds and what type of
monitoring will do. Once we get that monitor all. Yeah, I expect a little
bit. It hasn't been completely finalized, but at least for the moment,
we're anticipating that we're going to be measuring latex benzene talanoa
and that opens in xylene.
02:11:54:07 - 02:12:18:05
Unknown
So to edge to us ozone and to black carbon and particulate. So
speciation, which would be ultra fine particulate PM 2.5 and PM10, that's
for the community monitor that we're actually looking to to put at the
fire museum if once we get the lease approved from the City Council.
02:12:18:16 - 02:12:37:05
Unknown
Good. Thank you. Thank you for your comment and for your questions, Judy.
And thank you for the feedback on the format in the future. We may want
to think about how can we have maybe two different formats those that
know everything and want to jump right into the weeds that our experts,
which are in every community, but
02:12:37:06 - 02:12:49:06
Unknown
also one that reaches out to everybody. So we do appreciate the input.
And at the end, we'll have a survey and present all of the feedback
because we are trying to design these that you all feel heard and that
these are efficient for you.
02:12:49:07 - 02:13:05:03
Unknown
So we appreciate all of that. So next, I wanted to go to Stephen and then
Marilyn and then Nancy. So Steven. Oh, I'm sorry, you're on mute. Thanks,
but wasn't there someone who hadn't spoken yet, who was going to speak?
02:13:05:03 - 02:13:23:24
Unknown
She was, but I think that she is not on the call anymore. OK, so you're
stuck with me. OK, I'll try to keep it that short again. Thanks for your
patience. Joel, I appreciate what you're saying about this three year
statute of limitations, but in some ways it sounds like it buried the
lead here.
02:13:24:08 - 02:13:46:17
Unknown
What does that mean? Does that mean that it's only that that only the
violations within the last three years can be pursued in terms of fines?
Or does it in fact go back to 2003? I'm hoping that it goes back to 2003
because no one was notified of the violation.
02:13:47:01 - 02:14:08:06
Unknown
Then it would seem as though the period for statute of limitations
doesn't start, particularly since the violation included. Not acting on a
Valero, not acting on its duty to inform you, folks and the public of
this violation. So what do you mean with yourself limitations here?
02:14:09:06 - 02:14:31:16
Unknown
Rather than give you a legal lecture on statute of limitations which
would take another couple hours or more, I'll tell you that the district
can take into account the length of time of the violation. So the fact
that it was going back to 2003 or even longer than that beforehand or,
you know, whatever that's taken into account
02:14:31:16 - 02:14:49:05
Unknown
so we can figure that out. But the statute of limitations, you know,
applies in a court setting and and also in our determination of
appropriate penalties. So it is a three year look back, period when we
look at assessing penalties.
02:14:49:13 - 02:15:10:19
Unknown
So when we go on to the next question, because I know there's other
people waiting and other and other things, or perhaps you might have
another question. I do have another question to be frank, I didn't really
understand your answer, but perhaps you folks, you just when you issue
some kind of a written statement that supplies answers
02:15:10:20 - 02:15:26:14
Unknown
to these basic questions, such as what happened for three years before
you finally revealed this information to the public and including this
matter, which it sounds could be crucial for determining whether and to
what extent Valero is going to be penalized for this.
02:15:27:14 - 02:15:45:02
Unknown
But I don't want to drag us through it. It just sounds that that's very,
very important in terms of what Valero might be helped with the extent to
which whoever might be held accountable. So I guess my suggestion is to
issue a statement clarifying some of the questions or responding to some
of the questions in writing that
02:15:45:03 - 02:16:05:09
Unknown
were posed today and not saying I did want to ask, though, was the the
the the, you know, this question of a certain amount to find $25,000 a
day, potentially for negligence? Correct me if I'm wrong on this, but
we're talking about something worse than negligence here.
02:16:05:13 - 02:16:32:15
Unknown
This is not a matter of Valero somehow being sloppy in its own inspection
or monitoring or maintenance procedures. It knowingly was spewing these
carcinogenic and otherwise dangerous substances into the air for above
limits for six years. So again, not to you, folks can't and aren't able
to specify what the limits of the fine might be at this
02:16:32:15 - 02:16:50:15
Unknown
point, I guess. But it sounds like if if that that $25,000 a day adding
up to at least adding up to $146 million over 16 years is more of a flaw
than even the ceiling for what might be fairly new, obviously are fine
for them.
02:16:50:22 - 02:17:10:15
Unknown
So correct me if I'm wrong, if I'm misunderstanding the standard that
will be applied to Valero's conduct here. My question is, is it something
in excess or worse than negligence that that describes their conduct? So
Steven, I think you've asked the same question, a couple of different
ways, and I think we're going back to the same answer
02:17:10:15 - 02:17:36:14
Unknown
, which is, you know, we're looking to prosecute this case to the
fullest. And there are elements of it that are still open and ongoing.
There is a standard for negligence that we have to have proof for. So in
as part of our ongoing investigation, we are looking at that and those
factors will be brought into play as
02:17:36:14 - 02:17:53:18
Unknown
we assess the entire penalty for this particular, this particular
violation. And that includes, you know, the ongoing conversations that
we're having with our partners. So, OK, thank you very much for that.
Damien and Damien, just one final point regarding the conversation we've
had today.
02:17:54:03 - 02:18:11:06
Unknown
I hope in the future you at least reconsider using a term like partner
when you refer to Valero. There's nothing wrong with treating the
organization, the firm and its engineers and professionals and the people
that work for it with respect to trying to work with them constructively
where you can.
02:18:11:12 - 02:18:29:03
Unknown
But in the face of violations like this, I think we've moved well past
the point of you're considering in your roles. Valero, a partner, it's an
order. It's a firm who's whose operations are being monitored, subject to
permits and other appropriate language.
02:18:29:03 - 02:18:51:02
Unknown
I'm talking not just about language here, but maybe a frame of mind that
that I urge you to reconsider going forward. But thanks a lot for
everything that you and the others have said today. Well, Steven, you
know, just to address that point, you know, partner is is a term that
that I use when I'm answering questions
02:18:51:02 - 02:19:08:02
Unknown
under pressure. But the reality of the situation is is. As part of our
compliance program, there is a component of it that does rely on these
facilities facilities to be open and honest about what they're amazing,
where they're omitting it from.
02:19:08:07 - 02:19:30:08
Unknown
And in this case, we did not get that open and honest answer. And you
know, I want everybody to go away from this meeting tonight understanding
that we intend to hold Valero accountable for that action. We intend to
do that in a transparent fashion, and we encourage all of you to come to
our hearing board and let
02:19:30:08 - 02:19:49:22
Unknown
the hearing board know what you think about that, that type of behavior,
because we find it unacceptable. Thank you. Thank you for those
questions, Stephen, and there's nothing more frustrating than trying to
get straight answers for our enforcement case that's under ongoing
investigation under financial enforcement.
02:19:49:23 - 02:20:01:08
Unknown
You know, for anybody you're asking, these are really complex issues and
thank you for those questions to help us disentangle them for everybody.
And Marilyn, if it's OK with you, I wanted to give Nancy a chance to ask
a question because it's her first time.
02:20:01:16 - 02:20:20:19
Unknown
And then we'll go to you next. So, Nancy, whenever you're ready. You know
myself, I think the tragedy here is my question. Boleros monitors in
general, just say, you know my background, I am part of the Benicia
Community Monitoring Program.
02:20:21:02 - 02:20:45:10
Unknown
I'm on the board and we have our station up and running, and we have
state of the art monitors that will be monitoring air in not just Valero,
but the whole, you know, much of the Benicia community. And my concern
is, number one, how old are the monitors that blur the fence line?
02:20:45:10 - 02:21:00:21
Unknown
I'm talking about potentially monitors and also the ones that are on the
top of the stacks. How old are those monitors and how how are they being,
you know, how and how are they being calibrated? How often are they being
calibrated?
02:21:01:07 - 02:21:22:14
Unknown
And is there a new technology that would actually require that they
replace monitors that are out of date? So that makes any sense and also
makes perfect sense. Yeah, so there's there's the the what is that? I
think so.
02:21:23:22 - 02:21:38:13
Unknown
No. But there's a monitor that they're supposed to have on the fence line
and they haven't done it. And now they're going to get a monitor that
hasn't been it's acceptable, but it's not reliable, is my understanding.
OK?
02:21:38:24 - 02:21:53:02
Unknown
And so it's that kind of stuff that goes on that I only know about it
because I'm part of a big camp group and because the people that we're
talking to, people that assess monitoring all over the world.
02:21:53:02 - 02:22:08:07
Unknown
So that's my question. And that is in general, we have five refined
reasons we all know. How are we how are we really assessing the ability
of their monitors to pick up what they're supposed to be picking up?
02:22:09:03 - 02:22:28:14
Unknown
Excellent, excellent questions. So let's start and talk about what the
requirements for monitoring are. A lot of the requirements and methods
are set in our rules, and they require that that source tests are done to
make sure that the monitoring is accurate.
02:22:29:08 - 02:22:49:11
Unknown
They also require that these monitors are calibrated and kept in
compliance with specs. I'm going to have Jerry and then who are on here.
I talk a little bit more about systems and the things that we have in
place, but one of the things that we are doing and one of the things that
our board is tasked
02:22:49:11 - 02:23:05:14
Unknown
us to do is to is to look at our monitoring, look at our rules and make
sure that that we are understanding what steps we need to take to protect
our communities and what additional monitoring may be necessary and what
changes are needed to those rules.
02:23:06:03 - 02:23:22:16
Unknown
So that's something that that we've talked to our board about. We're in
the process of figuring out how we're going to staff that and what
priority the board wants to put on it. But Jerry and Ben, do you want to
talk about calibration, the monitors that are in the facilities and how
we look at those?
02:23:25:11 - 02:23:54:21
Unknown
Sure, I can I can address all of the continuous emission monitoring
systems, which are the systems that are installed on the stacks for the
stacks that require to measure different types of pollutant emissions
have to meet promulgated Kiwi QC standards, either either our QC
standards or federal QC standards if they happen to fall under a federal
standard
02:23:54:21 - 02:24:21:14
Unknown
of some kind. That includes daily calibrations. Includes quarterly
audits, includes relative accuracy tests, audits that are that are
conducted annually. And what that is is when you go out there and you
take source testing instrumentation and you measure side by side with the
the on site analyzer, the continuous monitoring system to make sure that
it reads accurately
02:24:22:20 - 02:24:45:22
Unknown
and all of this. All of these QC QC tests that are performed have to be
maintained at the facility for us to audit or reported to us directly.
They're reported to they're required to report to us on a monthly
emission statements, which give us a highlight of everything that they've
done.
02:24:46:21 - 02:25:06:19
Unknown
And any time that there's an excess that is picked up by them or they
have to send us the excess emission reports that we then evaluate and see
if the violation actually occurred. They're required by the standards to
maintain their systems and good operating order, which most of the time
means that they are replacing components on a
02:25:06:19 - 02:25:26:02
Unknown
regular basis. And all of the changes that they make to it and all the
instrumentation that they put in there have to be approved by my
department. The source test section prior to installation. So we check
out all the components that they're planning on putting into the end as a
continuous emission monitoring system and the design of
02:25:26:02 - 02:25:41:16
Unknown
the system. And and and we check it very closely and we go out and
perform our own audits, which are called the field actually tests where
we test side by side with these systems to verify that they are actually
measuring accurately.
02:25:43:19 - 02:26:01:18
Unknown
In addition to that, some of the some of the there is parametric
monitoring that's actually done at the facilities and parametric
monitoring, as is where they have to monitor a certain parameter, like a
process device like temperature, like pressure, things like that.
02:26:02:06 - 02:26:18:23
Unknown
All of those have to be calibrated to certain standards, typically
manufacturers standards, but it's something that we actually audit as
well, and that ensures that the systems are operating the way they're
supposed to be operating within the permit conditions that have been set
for them.
02:26:21:04 - 02:26:41:10
Unknown
And you had questions about other monitoring as well. Is that true,
Nancy? Well, there's I is it the Pentagon I can't remember Maryland would
know. And so it can't be because we've talked about this. There is one
monitor that they are required to put on the line to monitor a particular
chemical.
02:26:41:20 - 02:26:53:16
Unknown
And it has not. Yeah. And it was my understanding they had a time limit
when they were supposed to put it on and they still haven't done it. And
that's the concern. You know, you're talking about hydrogen sulfide.
02:26:53:19 - 02:27:08:07
Unknown
Yes, that's yeah. Because part of the reason that we were taking so long
on hydrogen sulfide is because we wanted to be an open path, integrated
measurement rather than just a series of point monitors along the fence
line, which would have gaps.
02:27:08:08 - 02:27:30:18
Unknown
And then, you know, they'd have to install a lot of them. So we were
trying to drive the technology, and we've actually spent the last few
years working with the manufacturers and contractors and the facilities
to try to drive that technology so we can get the better detection limits
because prior, you know, before the detection limits on
02:27:30:18 - 02:27:50:04
Unknown
those systems were so high that they wouldn't be impactful and it
wouldn't be useful. And recently, last year, there was a study conducted
at one of the Bay Area refineries where a system was proven out that
showed that you could get detection detections down 15 parts per billion
or less.
02:27:51:00 - 02:28:12:00
Unknown
And based on that study and the published results of that study, we went
ahead and and so put out the requirement for all the refineries to to
then install a system that could at least be equivalent to that standard
because we tend to be technology neutral or manufacturer neutral.
02:28:12:10 - 02:28:33:21
Unknown
We couldn't just say, put in this one, we have to say, OK, it has to be
at least as good as this one. And so right now, the refineries are in the
process of evaluating systems and either putting in the system that
proved that it could do it or showing that the system that they want to
use
02:28:33:21 - 02:28:50:23
Unknown
is going to be equivalent to that. And we haven't they haven't shown
equivalence yet, but some of them are trying to conduct some short term
studies to do that. But regardless, we've given them a deadline of
January first of 2023.
02:28:51:06 - 02:29:11:08
Unknown
They have to have an open path to US monitoring system in place that is
reporting data. So the clock is ticking, and it has been triggered by the
study that was conducted out of P 66. Right. So we're going to evaluate
their study results and see if they can come up with something that is
comparable.
02:29:11:20 - 02:29:30:06
Unknown
If they can, then then we will go ahead and approve it based on what they
give to us and whether or not we can make a determination if it's
equivalent, if they cannot, then then we're going to basically put in the
requirement that they have to use the system that is available out there.
02:29:30:15 - 02:29:48:04
Unknown
And Valero does have an edge to us monitor installed. It's not the system
that was proved out at P 66. They don't report the data because we hadn't
triggered the requirement, but in either case, the system that they have
installed.
02:29:48:04 - 02:30:01:06
Unknown
If it can meet the requirements, it will have to be reporting data by by
January first, or they will have to replace it with a monitor that can
meet those reform. And you, Jerry, and thank you, Nancy, for your
questions.
02:30:01:07 - 02:30:22:13
Unknown
Sure. And now I wanted to go to Marilyn and then Kathy, and then we'll
transition to the next part of our agenda. Marilyn, whenever you're
ready. Oh, and you're still on mute. I promise someday we won't have to
say that again.
02:30:22:24 - 02:30:47:00
Unknown
Oh, dear. A few points related to the. I've got something else popped up
on my screen, it doesn't matter. Related to what was just said, I don't
think it should have taken four years to get to this point and that we
have another year to wait before we have a reliable data that's
verifiable coming from an age
02:30:47:00 - 02:31:13:21
Unknown
to us. A fenceline monitoring system that was installed as far back, I
don't know, between 2019 and 2020. And so that seems like a very long
time to allow for corrections to be made or compliance. But my other the
reason I had raised my hand in the first place was first of all, I
appreciated Ken's comments about
02:31:14:02 - 02:31:46:05
Unknown
the systemic problems about communication using the community, people in
the community as a resource to the district because, for instance, in the
last three times of incidents very recently, the incident about quote
unquote oil falling from the sky that happened, that probably affected
because I asked at the cap meeting how many households were affected, how
many properties
02:31:46:05 - 02:32:14:16
Unknown
and Benatia, well, they didn't at first want to say that. But finally, I
said, just give me a ballpark, OK? 200 houses affected by oil falling out
of the sky that was on gardens, children's toys, cars, solar systems, you
name it, or even fake grass was mentioned as a problem cleaning fake
grass Valero did not contact just
02:32:14:16 - 02:32:30:23
Unknown
go out of its way to contact people immediately when they knew there was
a problem. They waited for people to call them. Furthermore, the only way
I learned about these things is because I'm listening to KQED while I'm
doing chores in the morning and I hear a report from Mr. Goldberg.
02:32:30:23 - 02:32:45:24
Unknown
I think that's his name, and I'm very grateful to him that he makes a
report he did today about this hearing. And so if the district is calling
KQED to help them know that something's going on, I appreciate that.
02:32:46:05 - 02:33:07:11
Unknown
But it's a little shocking to learn about things like the abatement order
from KQED that should have gone from the district immediately to our
city, not to Valero. I mean, Valero is the violator. This should be
information given to the city so that immediately our city reports to the
community.
02:33:07:21 - 02:33:25:08
Unknown
I shouldn't be hearing that only from KQED is the first time I hear it
when I'm active. Not only Good Neighbor Steering Committee, but I'm on
the bekannt board as well, so it just doesn't make any sense. It's this
way of communicating.
02:33:25:15 - 02:33:47:23
Unknown
Regulators are taking a passive approach to communication with
immediately affected communities. This is why you don't have the public's
trust. Because it's too damn passive. Your own website is so complicated
that if you try to I when I try to communicate to our public.
02:33:49:10 - 02:34:06:22
Unknown
You know how what an effort that is, and now you're asking us, for
instance, to write comments to the hearing board, know you've recorded
this meeting, you have all our comments you record that are what we have
already given to you very explicitly.
02:34:07:03 - 02:34:24:08
Unknown
You can synthesize it, but you have taken our record of comments. It's
your job to take the time because you're paid to do it, to give that that
list of comments to the hearing board. I can't take more time out of my
days to write out more comments.
02:34:24:08 - 02:34:40:15
Unknown
And by the way, I commented on the Marathon Air for their biofuels
conversion project and also P60 66 conversion project. I haven't heard a
word. I have not even heard a response for response to comments ones
that's coming out.
02:34:41:00 - 02:35:02:24
Unknown
I think the district should be on top of that. This is hugely important.
And the idea that hydrogen sulfide monitors are not going to be in place
active and with verifiable data before January 2023, when these
conversion projects may be a source of hydrogen that we, you know, we're
learning about hydrogen sulfide, we're learning about that.
02:35:02:24 - 02:35:22:23
Unknown
And I know that hydrogen sulfide is an emission from our asphalt plant
and we have people living right up the fence line that the the the buffer
fence line with the asphalt plant. And, you know, this is unacceptable, I
want I don't want the district to be so passive about communication.
02:35:23:06 - 02:35:35:12
Unknown
It's really it's it's sad, it's really sad, and I've driven into
community vacuum the meetings all the way from Benatia, where I have to
be there at 9:30 in the morning for a meeting. I can't do that anymore.
02:35:37:09 - 02:35:54:16
Unknown
You know, you have to take our comment if you're going to go out to the
public, I remember when you started doing these kind of public workshops,
I've gone to them in Richmond. I've gone to other meetings. But you need
to collect what we say at these meetings and deliver it to the people
where it makes a
02:35:54:16 - 02:36:18:00
Unknown
difference, whether it's the board, the hearing board, whoever you make
use of what we say to you. Thank you, Marilyn. one thing I think we can
do Marilyn, we are recording this tonight and we will make sure that this
goes to our hearing board members and will recommend that they watch the
entire proceedings so that they get
02:36:18:07 - 02:36:32:09
Unknown
the tone and tenor of what the community wants here. So we thank you very
much. We will do that. You know, the topic of communication and how we
get better at that is something that's come up multiple times tonight.
02:36:32:24 - 02:36:55:19
Unknown
The topic of of use in the community as a resource has come up on
multiple times tonight. So those are some takeaways that will be taken
with us as an organization outside of this particular incident to see how
we can work with the community on how we can get better at monitoring and
then work with the city
02:36:55:19 - 02:37:13:03
Unknown
, counties and others to see how we can get better about communication in
this space. So. And we've had the county supervisors on here. You have a
county supervisor represented on our board. That's another conversation
we'll be having with our director.
02:37:14:02 - 02:37:31:06
Unknown
So we're going to make sure that we are trying to fill that gap. And we
do appreciate that comment. Thank you. And I just want to say exactly
that, which is that these town halls make us better. We get a lot of
staff here.
02:37:31:06 - 02:37:45:22
Unknown
They hear you. And so thank you for sharing that input. This matters more
than just with refineries, but in all the work that we do. Transparency,
accountability, clear communication and an active stance are very
important. So thank you for all those comments.
02:37:45:22 - 02:37:56:04
Unknown
So I think we have three more comments and then we'll hold it there just
to move on to the next part of our agenda so that we can get to the
remaining portions of that we wanted to cover for you today.
02:37:57:05 - 02:38:13:00
Unknown
And so next, I wanted to go to Kathy. I am assuming the next part of the
agenda is about the hearing board. OK, so I had questions about that, but
I would like to echo a little bit about what Marilyn said.
02:38:13:20 - 02:38:32:10
Unknown
I do think the communication could be better. I mean, the our local
newspaper, you know, I sent in a notice about these hearings to them,
which wasn't very well worded to tell you the truth. They did publish the
article about the initial press release, but there is no I don't know if
the district ever sent anything about
02:38:32:20 - 02:38:55:18
Unknown
this community hearing into the Blair Vallejo Times Herald or the Benatia
Herald. In any event, it wasn't published in the Herald until I sent
something it. So I think there really needs to be much more outreach.
And, you know, do you guys post things on social media where their next
door postings?
02:38:56:05 - 02:39:14:14
Unknown
A lot of people read those kinds of things. I do want to say, I
appreciate you continuing this meeting on way past the closing time. So
thank you very much for doing that. I would like to. Now I know you
didn't want to get into the statute of limitations, but I'd be interested
to see if the statute
02:39:14:14 - 02:39:30:16
Unknown
starts running at the point of discovery or, you know, when the
violations started and. I think most of my questions actually have to do
with the hearing board. Thanks. Thank you, Kathy, and we'll cover those
in the upcoming section.
02:39:30:17 - 02:39:46:10
Unknown
I will say we we shared a press release with local news, including
Indonesia, but I think the point about social media and thinking about
teams in nontraditional outreach measures is something we can definitely
take away with us. So thank you for that comment.
02:39:46:19 - 02:40:07:18
Unknown
Thanks. And we'll get to the hearing board section right after this. So I
think we have one more question from Ken and then we'll move on to the
next portion of our agenda. OK, thank you very much. The one thing I
wanted to bring on is earlier when Gerry was explaining how the accuracy
of the equipment and
02:40:10:16 - 02:40:30:08
Unknown
in the end, in the chimney or in the flute, everything sounds so perfect.
OK, so if if if we didn't know there's a problem, then when we listen to
that we thought, OK, yeah, the air district basically, I mean, covered
everything and very carefully and everything.
02:40:30:16 - 02:40:51:13
Unknown
So. So basically, there is a major disconnect there. I don't know what
won't happen. OK? If, for example, if we have all this highly calibrated
and high accuracy equipment in the flutes, then how come on this specific
flute?
02:40:51:13 - 02:41:11:00
Unknown
We didn't see anything so. So I don't know, where's the problem? But
there is a disconnect. So that's what I want to bring it up. Thank you.
That is a fair point, I think we've talked enough tonight about how the
facility had the duty to come forward and report this to us.
02:41:11:19 - 02:41:34:01
Unknown
And I've spoken a little bit about some of the resources that we intend
to bring to this issue. But we as an organization know that we need to to
get better at identifying issues like this. And I think the commitment is
there on our side to try and bring the resources and then to continue
this conversation we're
02:41:34:01 - 02:41:51:10
Unknown
having about using our community. You know, we talk a lot, I think, in
our organization about our partnerships and how we value the information
and the feedback that we get from community. And that is one of the most
important tools for our inspectors.
02:41:52:11 - 02:42:13:11
Unknown
It really is important for us to have engaged community members. We're
going to partner with us to point this in the right direction. So you
have you all have given us a lot to think about tonight and, you know,
through the Community Advisory Commission that that that stands a member
of.
02:42:13:16 - 02:42:37:06
Unknown
I know that we're going to be continuing to have these discussions and we
definitely want to continue the discussion with this community about how
we can fill in some of those gaps. So I just want to make sure that you
all know that we're hearing you and that we're serious about seeing how
we can do and deal
02:42:37:06 - 02:42:55:09
Unknown
with some of this. It's going to take us time, I think. I don't I don't
want to set any false expectations. We do need to do that staffing. We do
need to look at some of our regulatory mechanisms and then we do need to
think about some of the ideas and options you've given us tonight.
02:42:55:09 - 02:43:11:21
Unknown
So I appreciate everybody's questions and comments. And I just need to
jump in here. I'm so sorry. We have to do all sorts of contingency
planning, but our next presenters computer is going to automatically
restart in ten minutes.
02:43:11:21 - 02:43:25:07
Unknown
So we're kind of under a deadline to make sure that we carve out enough
space for turns into a pumpkin. And so, Ken, we'll stick around at the
end if you have any follow up questions and I don't mean to cut you off,
but I just don't want to lose Joe before it's too late.
02:43:25:07 - 02:43:41:17
Unknown
So I think we're going to turn it over to Joel real quick for this next
question. Thank you so much. It's fascinating to hear all of these
questions and comments on this matter I've been working on for quite some
time.
02:43:42:01 - 02:44:04:05
Unknown
I wanted to explain how our Air District Hearing Board works. It's
basically a quasi judicial body that decides air quality disputes, and it
operates under the hearing board rules that are available on the district
website. It is a complicated website if you go to it and you search for a
hearing board rules that should come up.
02:44:05:08 - 02:44:24:20
Unknown
Also, the hearing board is governed by California Health and Safety Code
sections. 40 800 4865. Now all California codes are available on the web.
Also at Allege Info Dot K-Cup Ali G I n EFO Dot K Dot gov.
02:44:25:11 - 02:44:48:07
Unknown
The hearing board has five members, as Andre Soto mentioned, and there's
currently one vacancy. So the hearing board members are engineer, a
lawyer, a medical professional and two members of the public. one of the
public seats is the vacant seat that no employees or officers of the air
district can be members of the Air District Board members
02:44:48:07 - 02:45:12:10
Unknown
of the hearing board. The hearing board acts like an administrative law
board of judges, hearing appeals of air district permit decisions,
issuing variances and orders of abatement both stipulated and contested
abatement orders. Now, appeals and variances normally would be sought
from the hearing board by facilities or individuals.
02:45:13:15 - 02:45:27:08
Unknown
The hearing board's approval of a proposed stipulated order of abatement,
as in this case would be sought jointly by a facility and the district. A
contested order of abatement would be sought by the district and opposed
by a facility.
02:45:28:16 - 02:45:49:00
Unknown
It's important to know what the hearing board can and cannot do in this
case. The hearing board can approve, change or disapprove the parties
stipulated order of abatement regarding the Valero Venetia Refinery
hydrogen vent matter. The hearing board has limited powers.
02:45:49:15 - 02:46:05:01
Unknown
The hearing board can issue an abatement order to require a facility to
comply with state, local or district regulation or laws. But the hearing
board cannot issue an abatement order to bring the facility into
compliance with any federal law or federal regulation.
02:46:06:17 - 02:46:26:00
Unknown
The hearing board can only issue an order to bring a facility such as the
Valero Benicia refinery into compliance with district or state law. The
hearing board cannot impose financial penalties or fines on Valero or any
other facility or person because these fines are outside of the hearing
board's legal authorities.
02:46:27:10 - 02:46:49:20
Unknown
For example, here the hearing board can approve the stipulated order of
abatement, which will bring Valero into compliance with District
Regulation 82301. Regulation 82301 is not a health standard, but as has
been mentioned in imposes and emission limit of £15 per day of carbon at
a concentration of 300 parts per million.
02:46:50:18 - 02:47:17:02
Unknown
So the hearing board can require compliance with that rig 82301 limit.
The hearing board can hear relevant evidence, such as evidence related to
boleros emissions from the refinery's hydrogen vents that exceed
Regulation 82301 daily 15 pound limit. The hearing board, like courts,
generally do not hear peripheral or irrelevant evidence.
02:47:18:16 - 02:47:42:12
Unknown
Within its legal framework, the hearing board hears both proposed
stipulated, in other words, agreed abatement orders and contested
abatement orders. The stipulated abatement orders proceed much faster
than contested abatement orders because contested proceedings can get
bogged down with conflicting witnesses, disputed evidence and thing and
things like that.
02:47:43:16 - 02:48:04:03
Unknown
The hearing board has power to subpoena witnesses and take evidence. The
hearing board can also take written and oral testimony from the public.
Normally, the hearing board, under its rules, takes public comments and
testimony after the party's opening statements and presentation of
evidence through witnesses or exhibits and before the parties closing
statements.
02:48:05:18 - 02:48:26:14
Unknown
The hearing board currently is operating only virtually all virtually, so
the March 15th hearing board hearing will be all virtual. It's the
hearing board hearing is a town hall and we're sorry. It's not a town
hall. It's more like a courtroom or court trial.
02:48:26:21 - 02:48:54:04
Unknown
So it's not as free flowing as this with a lot of questions and comments.
But there is an opportunity for public participation. The upcoming Valero
Refinery Hearing Board case on March 15. At nine, 30 8:00 a.m. will
feature witnesses from both sides, and the district has submitted a
separate statement to the hearing board with evidence of the excess
02:48:54:04 - 02:49:11:03
Unknown
emissions as well as their stipulated order of abatement. The that's
separate statement Is it a link that I put in the chair at? I believe it
was 7370 6:00 p.m. So you can click that link and see the district
statement to the hearing board.
02:49:11:10 - 02:49:26:13
Unknown
That has a lot of the figures that we've been discussing about excess
emissions and more of the background. The district intends to have the
hearing board approved the stipulated order of abatement at that hearing
or as soon as possible thereafter.
02:49:27:05 - 02:49:45:10
Unknown
In that way, the permanent fix of the excess emissions violation will
proceed ahead ASAP. The hearing board has the power to alter, approve or
reject the stipulated order of abatement at that hearing. And also the
hearing board could ask the parties to submit a revised stipulated order
of abatement.
02:49:46:08 - 02:50:08:06
Unknown
So the hearing board conducts the hearing board members conduct their
deliberations in public, unlike judges who deliberate behind closed
doors. The district has used the hearing board in prior years. There are
many cases that have come before the hearing board in the last, even the
last five years, but now the district is using the hearing board more
02:50:08:07 - 02:50:36:04
Unknown
often. And so we welcome your your participation in this town hall like
us briefing, as well as at the hearing board hearing on March 15th and
for hearings thereafter as well. So that is a little nutshell of what the
hearing board does, and I hope that you proceed with the process and this
briefing.
02:50:36:05 - 02:50:56:01
Unknown
Thank you. Thank you, Jill. And so at this point, if folks have questions
about the hearing process just so that we can answer them as quickly as
possible, if you want to type them in the chat function, we'll just
answer them in the order that they come in if there are multiple
questions that have the same.
02:50:59:13 - 02:51:27:21
Unknown
Route will probably group that Premiere. So first of all, Stephen said,
thanks to the presentation that explained a lot. And. You know, Kathy, if
it's easier, you can feel free to just ask the question, sorry, I know, I
just think that I realize it might just be simpler just to give you the
microphone.
02:51:31:04 - 02:51:48:03
Unknown
I'm a little bit I'm recovering from shoulder surgery, so it's a little
hard for me to type, one question I had was are the parties allowed to
ask for a recusal of any of the hearing board members? If they think
there's any prejudice on their part.
02:51:48:24 - 02:52:06:06
Unknown
Well, I have 20 seconds left to answer that. The short answer is, I don't
know. You could make that as a as a comment, but not that I know of it
would be another answer. And then her next question, and we might lose
Joe, but somebody might know the answer.
02:52:06:13 - 02:52:21:01
Unknown
Good luck with their computer. Thanks for hanging in there. And so let's
see, we had a question on here with the hearing board's meeting on
Valero's violations take all day. I think that's something that one of
our other staff can answer.
02:52:21:02 - 02:52:37:20
Unknown
Damien, I think it's likely to take up a good portion of the day.
There'll be witnesses called from the facility and they'll be
presentation of evidence and then Air District witnesses will also be
interviewed. So it's probably going to take up, you know, at least a good
portion of the morning.
02:52:40:01 - 02:52:55:11
Unknown
Inky Damien and then Supervisor Monica Brown said she will put this
information in her newsletter tomorrow. Thank you so much, Supervisor
Brown. And then we had a question from undressed Soto. Well, the hearing
board be presented with any trade secrets.
02:52:58:07 - 02:53:18:11
Unknown
So in the in the open part of the meeting, everything that we have will
be non-trade secret, I would have to check with our attorneys and I wish
Joel was on here. I don't know whether we have the ability to go into
closed session to present them with trade secret information and risk.
02:53:19:07 - 02:53:39:02
Unknown
But let's see if we can, if we can. Maybe somebody else on the on the
call here knows I think, Ah, I'm and I'm not seeing our support attorney
here either, so I get it. I wish I could answer that question for you,
but I know in the public, in the in the portion of the meeting and
02:53:39:02 - 02:53:49:17
Unknown
the documents that are public that are currently published on the
website, there won't be any trade secret information contained in that.
And we can have a follow up email with you tomorrow and just with an
answer from one of our attorneys.
02:53:50:14 - 02:54:06:09
Unknown
And then I did see a message from Steven in the chat. If the abatement
order for Valero is stipulated, doesn't that mean both sides agreed? And
if that's the case, why the need for witnesses evidence, et cetera? I'm
sorry if misunderstanding, but it is a very complicated process.
02:54:06:12 - 02:54:26:14
Unknown
Thank you for the question, Steven. So Steven, the hearing board are the
ones with the power here. They are the ones that that will ratify and
agree to the stipulated order or hear that evidence and then decide that
that possibly additional requirements are needed.
02:54:26:14 - 02:54:52:06
Unknown
And that's why it's important that the public weighs in so that the
hearing could consider evidence from everybody. So we, as staff, may
think that this is, you know, the best manner and the quickest way we can
get these emissions cleaned up with the hearing board does get to
question the staff and the witnesses about that particular
02:54:53:00 - 02:55:13:09
Unknown
portion of the agreement. So ultimately the decision making powers with
them. And Marilyn, before your question, there is a question in the chat
I just wanted to give Supervisor Brown a response. When will the agenda
be posted? The agenda for the meeting itself.
02:55:14:04 - 02:55:34:14
Unknown
Well, we'll have to check back. But the other statements and supporting
evidence and some of the documents related to the case are already posted
on our web site Supervisor Brown. So we'll send you everything that we
have that's going to be available and we have your contact information
and we'll be sharing a slide with that website before
02:55:34:14 - 02:56:07:17
Unknown
the end of this meeting as well. Marilyn. Oh, I'm sorry, you're on mute
again. A question about who sits on the hearing board, what level of
expertize and experience they have with technical information because I'm
I just can speak from my experience at a camp meeting where I won't name
any names, of course.
02:56:08:14 - 02:56:29:05
Unknown
But it's really true that most citizens who will participate and
volunteered to be a part of something like that from a broad spectrum of
the community trust, the refinery trust, what is being said, and I heard
how Valero discusses abatement order.
02:56:29:13 - 02:56:56:08
Unknown
It was very sound at all. Very rational. I didn't. They spoke clearly.
Judge Cellino, Kim, Ronen. They presented the case. They disagreed with
the 71% that you said the emissions have only been. Mitigated to 71%,
they said it's more like 98%.
02:56:57:08 - 02:57:19:08
Unknown
So they were contesting that, but they were very reasonable. So my
question is, and no matter what question I pitched to them, they had a
ready answer. So I don't see how and I don't. I'm just a layperson, I'm
no expert, but I've just been at it long enough to know some of the
language, some of the
02:57:19:08 - 02:57:44:19
Unknown
things to ask. My question is, to what degree did the people on this
hearing board who have no idea about Valero in particular, have any
reason to judge what's being said? So the requirements for the members of
the hearing board are laid down, I believe in state law and some of the
requirements is that that it's a
02:57:44:19 - 02:58:01:21
Unknown
make up of different disciplines and engineering is one of those
disciplines. I believe a medical doctor is one of those disciplines. And
then there are members of the public added to that. So the folks on there
have a grounding.
02:58:02:15 - 02:58:20:00
Unknown
And certainly one of the folks on there currently was a former air
district engineer. And that's got a good feeling for kind of Valero and
the emissions here. You know, future members that we're currently
recruiting for will still be required to meet those standards.
02:58:20:00 - 02:58:39:02
Unknown
So, you know, and then then there's our legal team and our engineering
and our air district witnesses who will lay out the case and go through
the evidence. And we're hoping from that that that those folks will be
able to get a balanced picture of of what our case is here.
02:58:40:24 - 02:58:56:22
Unknown
Does that explain? And, you know, in the hearing itself, the hearing
board may request additional time to look at this. So it all depends on
what their comfort level is with what's being presented and the questions
that they have.
02:58:57:01 - 02:59:14:09
Unknown
This may this may take more time. It is a bit. Or do they really ask, how
seriously do they take this charge in a in a in a full day long meeting
from nine, 30 to five to ask really particular questions?
02:59:14:10 - 02:59:34:15
Unknown
Because when I saw how Valero could answer these questions so completely,
straightforwardly, rationally and got, I mean, I'm I was the only one,
really. Steve Young, our mayor, asked questions to the best of the
ability that he could, but nobody else asked any.
02:59:35:00 - 02:59:51:14
Unknown
And so I just don't know whether I would. Well, I don't know how I can
believe, you know, it makes me very nervous to think that the judgment
will be passed by people who do not know Valero don't know how it Valero
is going to testify.
02:59:52:12 - 03:00:14:00
Unknown
They're going to do a very good job. Well, we'd like to present their
side. We'd like to think that we'll do a very good job of presenting our
side and present. OK. So if we hear stuff that we believe is is incorrect
or things that we think may mislead the hearing board, we will try to to
correct
03:00:14:00 - 03:00:31:04
Unknown
that through our questioning and through the evidentiary record that we
would present if that makes sense to folks. Thank you. Okay. And ends,
though, even before I get to you, I did see a question in the chat that
I've actually seen come up a couple of times and just sort of but also
from others.
03:00:31:04 - 03:00:57:07
Unknown
Just why do we have to wait until the turn around? When is the next
scheduled turn? Why isn't it possible for the plan to come into
compliance sooner? Well, Joel is back so he can answer some of the
undresses other questions, I think about confidential business
information, but relative to refinery turnarounds, because the
turnarounds themselves have the
03:00:57:07 - 03:01:18:17
Unknown
ability to influence the price of gasoline and the stock market and other
things, they're a very closely guarded secret by the facility, by the
state of California and by the federal government. So what we've put into
the abatement order is that this repair needs to be done as soon as
feasible at Valero.
03:01:20:00 - 03:01:34:21
Unknown
I kind of explain that in my opening statement that it's an integrated
facility that means that each of the upstream units processes feed for
the downstream units at taking the facility offline to create a fix at
this point.
03:01:35:24 - 03:01:49:21
Unknown
You know, there's a danger that the emissions from that bringing the
facility down now would exceed the risk and exceed the emissions far
exceed kind of the emissions from the event that we're trying to, that
we're trying to fix.
03:01:50:20 - 03:02:02:20
Unknown
But you know, things happen at these facilities all the time. I think
you're all well aware of that. And by including that as soon as feasible
language and by no later than the turn around, we're hoping to get this
cleaned up as quickly as possible.
03:02:05:01 - 03:02:30:17
Unknown
Q, Damian, and our next question. Stephen. Yeah, hi, thanks, a Damien, I
appreciate your answer to my question. I guess I'm confused again. So
please bear with me the just in terms of how the process works when an
agreement is stipulated, there's a document that you know, both sides
have both both the staff and whoever, the violator
03:02:30:17 - 03:02:47:16
Unknown
or alleged violator or the applicant or whatever have agreed to. So that
would be if to the extent that that's changed at all, it might be because
there's community input and or questions from the hearing board members
heading towards.
03:02:49:06 - 03:03:05:23
Unknown
We need this clarified. We need we want to see this change. And that in
turn, could generate further discussions between you folks between the
staff and the the other party involved about whether to go along with
that or not.
03:03:05:24 - 03:03:25:18
Unknown
Is that kind of how the process works? I'll let you answer that. Not
really, because the the the uh, the operative part of this stipulated
abatement order is the part that says get it done as as soon as feasible.
03:03:26:06 - 03:03:49:24
Unknown
So the other parts are kind of down in the weeds details. And so I can
tell you that the districts committed to getting it done as soon as
possible. And we have been we've been negotiating and analyzing and
investigating this for a couple of years now, and we want to get it done
yesterday.
03:03:50:04 - 03:04:09:24
Unknown
So I so I don't think there's really much help in fine tuning or changing
little parts of the stipulated abatement order because the the guts of it
are as soon as feasible, really? OK, thanks, Joe. I appreciate it.
03:04:09:24 - 03:04:29:07
Unknown
But maybe we're talking about different things. It sounds like you might
have been talking about specifically the Valero abatement order. I'm just
talking about the process more generally. I mean, how often does does
does community input or appeal board member input lead to revisiting
what's already a stipulated agreement?
03:04:30:14 - 03:04:46:23
Unknown
I'm not sure what I let folks know is that the decision making power is
with the hearing board and they have the ability to look at those orders
and do make changes if they so decide because we don't have the ability
that that's their power, right?
03:04:47:18 - 03:05:09:07
Unknown
So we know that in other jurisdictions like South Coast, where the
hearing board has been used quite a bit more than ours, that communities
frequently weigh in and those and those hearing board members do consider
that input and I can cite specific cases for you.
03:05:09:12 - 03:05:30:00
Unknown
But I know that that input has had impact in those cases. So we, on the
other hand, have not made as much use of our hearing board, but we are
expecting that they will file. They will follow kind of a similar process
to hearing boards throughout all of the other districts here in
California.
03:05:31:06 - 03:05:52:13
Unknown
OK, thanks. Thanks for your question, Steve, and then Kathy, and then
we'll go ahead and move on to the closing portion of this agenda. In. I
wanted to go back a little bit to what Damian said about the turnarounds.
03:05:53:08 - 03:06:17:23
Unknown
That's always a big concern because within that, as far as I know, is
when we have the biggest emission releases. Is that true or not? And it's
always been a concern of mine that we should be that Valero should notify
the community when they're doing a turnaround or at least a couple of
days before I have a
03:06:17:23 - 03:06:33:10
Unknown
grandson that's going to be going to the school right there from the
playground he plays in, we can see the smokestacks. I'd like to be able
to tell my daughter, Hey, you know, for the next couple of days, you
probably don't want to spend too much time in the playground or for
however long it's going to take
03:06:33:10 - 03:06:59:24
Unknown
them, or however long those emissions are going to last. And that's the
kind of thing that could be very helpful for the community. Would the
hearing board be able to require that they alert people to that? I don't
know, because that is a really complicated area of kind of legislation
and trade secret law.
03:07:00:22 - 03:07:15:23
Unknown
So what I do know is, you know, when we when we talk about the dates for
turnaround, we're not talking about a day or two beforehand, we would
expect that the facility would be notifying the community and its
neighbors if they're going to have major activity like that.
03:07:17:02 - 03:07:40:18
Unknown
What we're talking about is, no, I don't think I don't think we do get
notified about turnarounds at all. Well, you know, maybe that's a
conversation we can have, and let's take that as a note. But you know,
what we're talking about is is more, you know, announcing turnarounds
weeks, months, years in advance because then folks can
03:07:40:18 - 03:07:56:06
Unknown
speculate on the stock market. And there's there's a whole bunch of
federal and state law that's that's associated with that. That's not in
the control of the air district, right? Right. Yeah. But like a week in
advance notice or even two weeks would be really helpful.
03:07:56:18 - 03:08:10:12
Unknown
You know, so you don't plan your kid's birthday party in the park right
next to the refinery when they're starting to turn around. So again, I'm
not sure about what the state and federal requirements are around the
actual noticing of that.
03:08:10:20 - 03:08:34:19
Unknown
But let us look into it and see what we can figure out. Thank you. There
was. OK. We'll we'll leave it there because I think folks are anxious to
conclude here. And while we've enjoyed answering your questions, I think
we're we're we're setting a new record for being over time here.
03:08:34:19 - 03:08:53:18
Unknown
So and we appreciate it. We all we all appreciate it. Yeah. And before I
pass it back to Josh, my colleague to clothes would bring us to the
closing process. And we do want to just genuinely thank you all for
staying with us this late because you're coming in as concerned members
of the community.
03:08:53:18 - 03:09:06:21
Unknown
And so we appreciate you taking time to meet with us and we hope to
continue this conversation with you moving forward. And so with this, I
just want to turn it to Josh and move it to the final portion of the
agenda.
03:09:07:18 - 03:09:21:24
Unknown
Thank you, Kevin. And yes, I just want to reiterate what Kevin's saying.
Thank you all for staying so late. I think we are approaching a record,
Damien. So here at the Air District, we're really, really excited about
the new direction that we're taking.
03:09:22:18 - 03:09:49:02
Unknown
And the next two folks that will be speaking with you kind of represent
that change personified. So first, I'd like to introduce you to some
piece of party shoes, our new environmental justice and community
engagement officer Summer. Thanks, Josh, and thanks, everyone, so much
for your patience and your willingness to engage with us through this
process.
03:09:49:03 - 03:10:12:16
Unknown
It is new for us. We are learning and we appreciate you being with us and
for posing some really trenchant questions. You know, some of the
principles of environmental justice are the same principles that apply to
good public participation more broadly, which is transparency,
accountability and the community speaks for itself.
03:10:13:02 - 03:10:39:06
Unknown
And so the goals of this workshop, public, the community briefing and,
you know, and the hearing board process and making that a more public
facing process, an engaged process. And that's really what we're trying
to achieve is honoring those basic principles, and we hope we answer all
of your questions today.
03:10:40:10 - 03:11:05:17
Unknown
That was one goal. Another goal is to make sure that folks who choose to
participate in the hearing board proceeding can do so meaningfully and
with the information they need to help the hearing board make their
decision. So with that, once again, we thank you and we look forward to
continued engagement with you all.
03:11:06:18 - 03:11:27:06
Unknown
Thank you very much. Thank you so much. So again, this is not a perfect
process, I mean, we are virtual. We're doing the best that we can. The
community engagement office really strives to make this a great
experience for the audience members and to make it efficient and serve
you based on what you're asking for it.
03:11:27:06 - 03:11:42:07
Unknown
That's why we include these interactive pieces at the start of the
meeting, and we're accommodating and going over long over time just to
make sure you feel like this is a transparent process and all of your
questions are answered.
03:11:42:23 - 03:12:06:20
Unknown
So with that, I like to move on and introduce Veronica Eddie. Veronica
Eddy is our senior deputy executive officer of policy and Equity.
Veronica. Hi, Josh. Thank you for the handoff. And I just want to say
thank you and Kevin for facilitating this.
03:12:08:03 - 03:12:28:01
Unknown
So, you know, I thank you all for being here before. And I have to tell
you, the last almost four hours that we've been together, you all have
instructed us, believe me, internally, we've been thinking about this
and, you know, trying to plot the path forward.
03:12:28:01 - 03:12:46:19
Unknown
But sometimes when you're inside of an organization, it's really hard to
see the simple things that that we could have done and that we need to do
the next time. So, you know, hearing you talk about or the health
officer, talk about exposure and hearing you talk about morale, I think
it was you who said you learned
03:12:46:20 - 03:13:10:18
Unknown
about the violation on KQED. That shouldn't have happened, and we didn't
intend for it to happen that way. But sometimes when you're in the middle
of something, you don't see the right thing that should have been done.
So I really appreciate you all for your openness, being here for four
hours and teaching us so that the next
03:13:10:18 - 03:13:25:10
Unknown
community has the benefit of what you all have shared with us. So I want
to thank you. I also think, you know, Damien and the staff, Joel, who who
have been here for four hours and helping to put this on.
03:13:26:22 - 03:13:40:10
Unknown
We look forward to continuing with you and partnering with you. Certainly
more close, more closely. Some of you I mentioned that I am aware of your
work, but I've never met you before. Marilyn, you're one of those people.
03:13:40:17 - 03:13:55:17
Unknown
So it's nice to be in a room with you, and we're really looking forward
to partnering with you going forward. So thank you. Josh, I don't know if
I was supposed to say the last word, so I'll hand it back to you just in
case.
03:13:55:22 - 03:14:15:14
Unknown
That was perfect timing. Okay, so can we pull up our last slide or one of
the last slides? So as I mentioned before, we're striving to serve you.
We want to polish our process. So for those of you who are still on the
call with us, we really like for you to participate in this last poll
here
03:14:18:23 - 03:14:42:10
Unknown
. And I won't waste time reading it out, but hopefully it looks like
we're getting some participation. Thank you very much. Looks like you can
only choose one. Why can you only choose one? That's a good question. I
think that's something that's another feedback item that'll take public
holidays.
03:14:46:21 - 03:15:03:06
Unknown
Thank you, Marilyn. And perfect timing for you to speak out, Marilyn,
because I really heard you in terms of putting comments that you already
believe here in this forum and wanting those to carry over to the hearing
board will be doing so.
03:15:04:07 - 03:15:18:12
Unknown
Yes. Let's see if we can actually do that, right? Thank you for that
comment. I will be great. OK. So is there a way to keep the pole running,
perhaps, and then move on to the next slide? It's not possible.
03:15:22:17 - 03:15:40:24
Unknown
And if the polls obstructing your view, you can click the top of it and
kind of just move it over to the side. This last slide here references
the next steps. Right? So first of all, we have materials that are
available via these links.
03:15:42:01 - 03:16:06:18
Unknown
I don't know. Maybe is it possible for us to put these links in the chart
so they're clickable? The first link I already put in the chat at 7:06
p.m.. OK, excellent. And the hearing board webpage and Ali was the one
who was kind of browsing the page and walking you through the clipboard
to my page.
03:16:07:08 - 03:16:26:13
Unknown
I could put them. Here's the hearing board one again. Excellent. And to
loop back around earlier, I mentioned that we want to keep the channel of
communication open and flowing, so to that aim. Zuma has placed her email
here.
03:16:26:14 - 03:16:50:14
Unknown
She's our environmental justice and community engagement officer, so feel
free to email her with any follow up questions. Burning questions that
may emerge after this workshop or just to continue the discussion or get
clarity. Feel free. And maybe we can place as.
03:16:52:12 - 03:17:12:07
Unknown
You know, in the chat as well. Just in case it makes it easier for people
to get in there, no great. OK. And on behalf of my esteemed colleague,
Kevin OHP, my facilitator. I'm Joshua Abraham. It was a pleasure being
with you all today and hearing from you.
03:17:13:20 - 03:17:29:00
Unknown
It's it's a amazing opportunity to really listen and learn from the
public. Kevin. Yeah, I don't need to say any more words, thank you all so
much for joining us, and we look forward to seeing you and have a great
rest of your evening.
03:17:29:07 - 03:17:39:11
Unknown
Thank you for this adventure. Thank you all. Thank you and good night.